DECLARATION OF RESTRICTIONS TERRACE IN THE WOODS

Transcription

1 DECLARATION OF RESTRICTIONS TERRACE IN THE WOODS This DECLARATION OF RESTRICTIONS made this 23rd day of January, 2006, by Daniel A. Myers and Carlie S. Myers, Apalachin, New York, hereinafter called (the OWNERS ). WITNESSETH WHEREAS, the OWNERS currently own premises situate in the Town of Owego, County of Tioga and State of New York, and more particularly known and designated specifically as Lot # s 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 700, 701, 702, 703 in Tioga Terrace Subdivision # 47, also referred to as Terrace in the Woods (the Premises ). WHEREAS, the OWNERS desire that the Premises be developed as a planned suburban community for only single family dwellings. THEREFORE, the OWNERS declare that such land is held and shall be conveyed by them subject to the following covenants, restrictions and conditions which shall apply to and be binding upon any and all grantees, mortgagees or other future owners of each residential lot or parcel on said Premises whether mentioned in the Deed or other instruments of conveyance to them or not. 1. OBJECT AND PURPOSE: The purpose of these Restrictions are: a. To establish Terrace in the Woods as a premier, single family residential community in Tioga County. b. To create, develop, foster, maintain, preserve and protect within Terrace in the Woods a unique, pleasant, attractive and harmonious physical environment which will contribute to and enhance the quality of life for all residents of and visitors to Terrace in the Woods. c. To ensure that the development of Terrace in the Woods will proceed pursuant to a uniform plan of development with consistent architectural, environmental, ecological and aesthetic standards. d. To ensure the proper and appropriate subdivision, development, improvement, occupation, use and enjoyment of each building lot, piece, parcel or tract of land within Terrace in the Woods. e. To protect each building lot, piece, parcel or tract of land within Terrace in the Woods against the improper, undesirable, unattractive, or inappropriate subdivision, development, improvement, occupation, use and enjoyment of contiguous, adjacent or neighboring lots, pieces, parcels or tracts of land. f. To encourage the development, construction, maintenance and preservation of architecturally and aesthetically attractive and harmonious improvements appropriately designed for and properly located on each building lot, piece, parcel or tract of land within Terrace in the Woods. g. To guard against the development and construction of improper, undesirable, unattractive or inappropriate Improvements and the use of improper, undesirable, unsuitable or unsightly materials. 1

2 h. To provide for the establishment, maintenance preservation, protection and enhancement of consistently high property values within Terrace in the Woods. i. To accomplish, meet, satisfy and fulfill local, state and federal Governmental Regulations and other governmental requirements. j. To provide the OWNERS with effective control over the development, management, administration, care, maintenance, use, appearance, marketing and sale of and the construction of improvements upon the Premises. k. In general, to provide for the development and preservation upon the Premises of desirable homes on estate-size lots in a safe, caring, and friendly neighborhood. 2. USE RESTRICTIONS: No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than a one single-family dwelling. a. Single Family Only: No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than a one single-family dwelling except as expressly permitted in these Restrictions. b. Subdivision: No lot shall be subdivided nor shall any portion of a lot less than the whole thereof be sold, conveyed or transferred without the prior written approval and consent of the OWNER. Nothing herein contained, however, shall prevent the subdivision of a lot by the OWNER in such manner that any portion of a lot may be sold, transferred and conveyed by OWNER, together with the whole of an adjacent or contiguous lot such that the whole of one lot and a portion of another lot which are owned in common by the same owner may be combined, developed and improved by such owner as a single unified home site. Once so combined, developed and improved as a single unified residential home site no such combination of a lot and a portion of another lot or combination of two (2) or more lots shall thereafter be re-subdivided into more than one (1) single family residential home site. In the event of any such conveyance and combination, the grantee from the OWNER shall cause to be submitted an application to modify or re-plat the lots affected by such conveyance and combination. c. Commercial Activity: Except for the use of a room or rooms within a residence as an in-home office, no business, commercial, industrial, trade, professional or other non residential activity or use of any nature, type, kind or description shall be conducted upon a lot or within any improvements located or constructed thereon. The use of any residence must be primarily that of residential and, accordingly, any in home office use is secondary to the residential use. No signs of any type advertising or describing in any way the in home office use or business are permitted to be placed anywhere within the lot or within or upon the residence. The activities or business conducted at the in home office shall not be such as to generate traffic by customers, vendors or the like, through Terrace in the Woods or to the residence. d. Offensive Activity: No illegal, noxious, unsightly or offensive activity shall be carried on or conducted, upon a lot nor shall anything be done thereon which 2

3 may be or tend to become or cause an unreasonable annoyance or nuisance, whether public or private, to residents in the immediate vicinity or to the Tioga Terrace community in general or which may be or tend to become an interference with the comfortable and quiet use, occupation or enjoyment of the Premises. e. Animals and Pets: No reptiles, livestock, poultry or animals of any kind, nature or description shall be kept, bred or raised, except for dogs, cats, birds or other usual and customary household pets which may be kept, raised and maintained, provided that the same are not kept, raised or maintained thereon for business or commercial purposes in numbers deemed unreasonable by the OWNERS, in the exercise of their reasonable discretion. Numbers in excess of two (2) of each such type of household pet (other than aquarium kept fish) shall be considered unreasonable. Notwithstanding the foregoing provisions of this Section permitting dogs, cats, birds or other usual and customary household pets, however, no such reptiles, animals, birds or other pets may be kept, raised or maintained on under circumstances which, in the good faith judgment of the OWNERS, shall constitute an unreasonable annoyance, hazard, or nuisance to residents in the vicinity or an unreasonable interference with the comfortable and quiet use, occupation and enjoyment of the Premises. f. Commercial and Recreational Vehicles: No truck, bus, trailer or other commercial vehicle and no mobile home, motor; home, house trailer, camper, van, boat, boat trailer, horse trailer or other recreational vehicle or the like shall be permitted to be parked or stored on residential lot unless the same shall be parked or stored entirely within a garage, or parked or stored entirely within a fenced or landscaped area in such a manner that the vehicle cannot be seen from any public street or other lot within Terrace in the Woods. No commercial or recreational vehicle or the like shall be permitted to be parked or stored on any street adjacent to the Premises. Notwithstanding the foregoing, however, it is expressly provided that commercial vehicles shall be permitted to be parked on or in front of (but not adjacent to) a residential lot on which bona fide ongoing construction activity is taking place; nor shall the foregoing provisions of this Subsection apply to parking on "a temporary or short term basis" (as that term is hereinafter defined). i. No passenger automobile or commercial, recreational or other motorized vehicle, or the like, shall be dismantled, abandoned, serviced, rebuilt, repaired, or repainted on residential lots unless the same shall be parked or stored entirely within a garage, or parked or stored entirely within a fenced or landscaped area in such a manner that the vehicle cannot be seen from any public street or other lot within Terrace in the Woods. Neither shall any such automobile or vehicle be parked or stored on residential lots. Notwithstanding the foregoing provisions of this Subsection however, it is expressly provided that the foregoing restriction shall not be deemed to prevent or prohibit those activities normally associated with and incident to the day-to-day maintenance, washing, waxing and polishing of such vehicles. ii. No motorcycle, motor scooter, moped, ATV (all terrain vehicle) or other two wheeled, three wheeled or four-wheeled motorized vehicle, or the like, shall be permitted to be parked or stored on residential lots unless the same shall be parked or stored entirely within and fully enclosed by a garage or outbuilding. 3

4 iii. In the context of this Section, parking on "a temporary or short term basis" shall mean and be defined as parking for a continuous period not exceeding seven (7) days in duration. Parking on "a temporary or short term basis" is permitted only for (i) recreational vehicles belonging to overnight guests, (ii) commercial vehicles used in connection with the furnishing of services and/or the routine pick up and delivery respectively, of materials from and to residential property (including those commercial vehicles used in connection with a bona fide current on going construction of improvements on residential property), and (iii) commercial or recreational vehicles belonging to or being used for loading and unloading purposes only. g. Maintenance: Each lot and all improvements, including landscaping, located thereon shall at all times be kept and maintained in a safe, clean, wholesome and attractive condition shall not be allowed to deteriorate, fall into disrepair or become unsafe or unsightly. In particular, no weeds, underbrush or other unsightly growth and no trash, rubbish, refuse, debris or unsightly objects of any kind shall be permitted or allowed to accumulate. h. Garbage and Garbage Containers: All garbage and trash containers and their storage areas and the like shall be kept within a garage unless the same shall be stored entirely within a fenced or landscaped area in such a manner that the containers cannot be seen from any public street or other lot within Terrace in the Woods. i. Burning: No burning of leaves, trash, rubbish, garbage or other waste materials of any type shall be permitted. Nothing herein contained however, shall be deemed to prohibit the burning of wood, logs or charcoal in properly constructed or installed fireplaces, barbecue cookers or the like, whether inside or outside of any building other structure as long as it conforms to local Town and Fire Department restrictions. j. Storage Tanks: No storage tanks greater than five (5) US Gallons, including but not limited to, those used for oil, propane gas or other liquid, fuels or chemicals, including those used for swimming pools or the like, shall be permitted on any residential lot. k. Mineral Exploration: No exploration, mining, quarrying, or drilling for or exploitation of gas, oil, or other natural resource shall be conducted on any residential lot. l. Laundry and Clothes Drying: No laundry or clothes drying lines or areas shall be permitted outside of any building unless the same shall be placed inside of walls, fences, landscaping screens or similar type enclosures in conformity with applicable rules and regulations. In no event shall any of the same be permitted if visible from any adjacent or neighboring property. m. Antennas: No radio, microwave, satellite or other electronic transmission antennas, including ham radios, citizens band radios, and the like, shall be erected except for small Direct Digital Satellite provided that it cannot be seen from any public street or other lot within Terrace in the Woods. n. Signs: No sign, billboard or advertising of any kind shall be displayed to public view except as follows; (a) one (1) discreet professionally prepared sign not exceeding eighteen (18) inches high and eighteen (18) inches long identifying 4

5 the name of the owner and/or construction lender of a particular lot, and (b) one (1) discreet professionally prepared sign of not more than six (6) square feet placed on the street side of a lot identifying the architect and general contractor responsible, respectively, for the design and construction of a dwelling under construction on a particular lot, and (c) one (1) discreet professionally prepared "for sale" sign of not more than six (6) square feet placed on the street side of a lot. Notwithstanding the foregoing provisions of this section, the OWNER specifically reserves for itself and its agents, employees; nominees and assigns the right, privilege and easement to construct, place and maintain signs as it deems appropriate in connection with the development, improvement, construction, marketing and sale of any lot or house. o. Trees: No trees shall be removed from any lot prior to site and building plan approval by the Architectural Review Committee (refer to Section 3b below) and an approved building permit by the Town of Owego. As used herein the term "tree" shall mean and be defined as any living, self supporting perennial plant which has a trunk diameter of at least three (3) inches measured at D.B.H. (at the base of the tree) and normally grows to a minimum height of fifteen (15) feet. Any tree(s) removed in violation of this provision shall be immediately replaced with a tree of similar size and type. p. Drainage: All storm water drainage shall be in conformance with the Storm Water Pollution Prevention Plan (SWPPP) on file with the Town of Owego Planning Department. Drainage swales, subsurface drainage systems, and roof drains shall conform to the SWPPP. Owner shall meet all NYS DEC Storm Water regulations. 3. BUILDING RESTRICTIONS: The erection, construction, repair, replacement and installation of all improvements on lots shall be subject to and governed by the following covenants, conditions, restrictions and reservations: a. Building Type and Size: No building or structure, except as expressly permitted in these Restrictions, shall be erected, altered, placed, or permitted to remain on any lot other than a one single-family dwelling not to exceed two and one-half stories in height and a three-car attached garage. No building with a fully enclosed heated floor area of less than 2,200 square feet, exclusive of garage, porches, and basement shall be constructed on any lot unless one level of that building exceeds 2,000 square feet, exclusive of basement. b. Approval of Plans: For the purpose of further insuring the development of the lands in the Terrace in the Woods area, as an area of high standards, the OWNERS reserve the power to control the buildings, structures, and other improvements placed on each lot, as well as to make such exceptions as the OWNERS shall deem necessary and proper. No clearing, excavation, or construction shall be permitted on any lot until the contractor, exterior material, building plans and site plan showing location of such building structures and improvements have been approved, as to conformity, quality, and harmony of external design with existing structures in the subdivision, by an Architectural Review Committee (herein referred to as ARC ) composed of Daniel A. Myers and Carlie S. Myers. In the event of death, resignation or other absence of a member of said committee, the remaining member shall have full authority to approve or disapprove such design and location and to appoint a successor. Said architectural plans, specifications, site plan (including a tree clearing plan), and building elevations are to be submitted to the home of Daniel A. Myers and Carlie S. Myers, One Dogwood Lane, Apalachin, New York, before 5

6 any clearing or excavation begins. The ARC must approve or disapprove them within thirty (30) days after building plans, specifications, and plat plans are submitted or such written approval shall not be required, and this Section will be deemed to have been fully complied with. c. Governmental Regulations: All improvements placed, located, erected, constructed and installed upon each lot within the Premises shall conform to and comply with all applicable Governmental Regulations, including, without limitation, all building and zoning regulations of the Town of Owego. d. Construction Time: Upon commencement of dwelling construction, such construction shall be prosecuted diligently, continuously and without interruption to completion within a reasonable time; but in no event more than one (1) year from the date of the commencement of such construction, however, the ARC shall have the power and authority to extend the period permitted for construction. e. Building Setback Lines: No part of any building shall be constructed, erected, placed or installed any closer to the property boundary lines as follows: Lot # Front Side Rear ft 25 ft n/a ft 25 ft n/a ft 25 ft 75 ft ft 25 ft 100 ft ft 25 ft 100 ft ft 25 ft 50 ft ft 25 ft 50 ft ft 25 ft 75 ft ft 25 ft 75 ft ft 25 ft 50 ft ft 25 ft 50 ft ft 25 ft 150 ft ft 25 ft 200 ft ft 25 ft 75 ft ft 25 ft 75 ft ft 25 ft 75 ft ft 25 ft 75 ft 6

7 f. Other Setback Lines: Improvements other than the main residential dwelling on a lot shall be placed, located, erected, constructed or installed no closer to the property boundary lines than as follows: i. Swimming Pools. No closer than the otherwise established side and rear building setback lines. No swimming pools shall be constructed in front or side yards. ii. Outbuildings and Accessory Structures. All outbuildings and accessory structures shall be located within the building setback lines otherwise established for the main residential dwelling on any lot. g. Temporary Improvements: No buildings, structures improvements or other facilities of a temporary nature, including trailers, tents or shacks shall be permitted on lots; provided, however, that temporary improvements or facilities used solely in connection with and during the period of the construction of plans approved by the ARC. h. Garages and Carports: No carports shall be placed erected, constructed, installed or maintained on residential lots. Garages for more than three (3) automobiles must be specifically approved by the ARC. i. Outbuildings: Outbuildings are permitted with restrictions. Outbuildings shall be constructed to conform to the architecture and style of the main dwelling. Permanent outbuildings may only be constructed as an accessory to a residential dwelling and require prior approval of the ARC. Storage sheds are permitted and must match the color and style of the main dwelling. No aluminum or plastic type sheds are permitted. j. Swing Sets and Other Temporary Structures: No swing sets or other similar temporary structures are permitted in front of the front set-back of the house k. Roof Structures: No antennas, windmills, appliances, rooftop attic ventilators, fans, solar collector panels or other rooftop installations or structure of any type shall be placed, located, erected, constructed, installed or maintained upon the exterior roof of any building or structure unless the same shall not be visible from any street or neighboring residences. l. Roof Drains: Roof drains and downspouts are required on all roofs for proper storm water management. All downspouts shall be connected to on-site underground drainage system as defined by the Storm Water Pollution Prevention Plan (SWPPP) on file at the Town of Owego Planning Department. Roof drains shall not be directed in such a manner as to affect a neighboring lot. Connection of roof drains or sump pumps to the public sewer system is strictly prohibited. m. Fences: No fence of any kind may be erected, placed or altered on any lot nearer to any street than front of the house. No fence of any kind more than six (6) feet high may be erected on rear or side lot. Chain-link or wire-type fences are strictly prohibited. All fences shall be installed with finished side facing outward. 7

8 n. Exterior Lighting: Exterior lighting or illumination of buildings, yards, parking areas, sidewalks and driveways shall be designed and installed so as to avoid visible glare (direct or reflected) from street and road rights way, and neighboring homes. o. Mailboxes and Other Delivery Boxes: Street or roadside mailboxes for the delivery of United States mail shall be mounted on a decorative wooden or masonry structure consistent with the architecture of the main dwelling. Mailboxes shall be constructed and maintained in such a manner not to detract from the intended high quality look and feel of Terrace in the Woods. All other delivery boxes or receptacles of any kind, including those for newspapers and other similar home deliveries shall conform to the same standard described herein. p. Underground Utilities: All public and private utility lines and facilities shall be located and installed underground. Use of the Town of Owego Public Sewer System is required. On-site septic systems are strictly prohibited. All public utility connections shall be installed in accordance with Town of Owego standards. Telephone, cable, electric, and gas services shall be installed between 24 and 36 below finished grade. q. Landscaping: Lawns and landscaping shall be completed within one (1) year of completion of the main dwelling. r. Driveways: Stone, brick, concrete, and blacktop driveways are permitted. A minimum of 12 corrugated PVC plastic pipe (or as directed by the Town of Owego) shall be installed under the driveway entrance in the Town of Owego drainage swale. Alteration of the drainage swale is strictly prohibited. No driveway shall be constructed without prior approval of the ARC. s. Trees: Placement of houses, driveways, patios, swimming pools, outbuildings and underground utilities shall be considered regarding the impact on existing trees. No trees shall be removed from any lot without the prior written consent of the ARC. Each lot within the Premises shall be required to maintain a minimum of fifty-percent (50%) of the existing trees located in the front, side, and rear of the lot. In order to maintain a privacy buffer between residences and preserve the environment, no trees shall be removed within side and rear lot lines as follows: Lot # Side Rear ft n/a ft n/a ft 75 ft ft 100 ft ft 100 ft ft 50 ft ft 50 ft ft 75 ft ft 75 ft ft 50 ft 8

9 ft 50 ft ft 150 ft ft 200 ft ft 75 ft ft 75 ft ft 75 ft ft 75 ft ARC approval shall be reasonably given, however, if additional tree removal is necessary in connection with the location of the main residential dwelling on a particular lot where the preservation of any tree would work a hardship or require extraordinary design measures in connection with the location of such dwelling on the lot. t. Erosion and Sedimentation Control: All Erosion and Sedimentation Control measures as required by the NYS DEC, including sediment traps, hay bales, and silt fences shall be utilized during construction. 4. REMEDIES FOR VIOLATION-INVALIDATIONS: For any violation or any breach of any part of this Declaration of Restrictions by any person or corporation claiming by, through, or under the OWNERS, or by virtue of any judicial proceedings, the OWNERS, and the lot owners or any of them severally, shall have the right to proceed at law or in equity to compel a compliance with the terms hereof or to prevent the violation for breach of any of them. In addition to the foregoing right, the OWNERS shall have the right, whenever there shall have been built on any lot any structure which is in violation of this Declaration of Restrictions, to enter upon the property where such violation of this Declaration of Restrictions exists and summarily abate or remove the same at the expense of the lot owner, and such entry and abatement or removal shall not be deemed a trespass. The failure promptly to enforce any violation of this Declaration of Restrictions shall not bar any subsequent enforcement. The invalidation of any one or more of the Restrictions by any Court of competent jurisdiction in no wise shall affect any of the other Restrictions, but they shall remain in full force and effect. In the event the owners, their successors, or assigns, or other property owners in this subdivision shall incur any expenses, including, but not limited to legal fees and disbursements, in connection with enforcing this Declaration of Restrictions, the violator(s) shall be responsible for the payment thereof. Furthermore, in any event, the foregoing Declaration of Restrictions shall in no manner be construed to hold the OWNERS legally responsible or liable for the enforcement or non-enforcement of any provisions of the Declaration of Restrictions. Furthermore, any party, after receiving consent from the OWNERS to act under the Declaration of Restrictions herein, is deemed to do so as a completely independent agent and the OWNERS shall not be liable or responsible for the performance of that party in connection with the enforcement of any provision of the Declaration of Restrictions. 5. AMENDMENTS: This Declaration of Restrictions may be amended by the OWNER at any time until OWNER no longer holds an ownership interest in any lot or other 9

10 lands within the Premises. The terms and provisions of and the covenants, conditions, restrictions, easements and reservations set forth in this Declaration of Restrictions may be changed, amended or modified from time to time by OWNER in its sole, but reasonable discretion, and without requiring the joinder or consent of any person or party whomsoever. 6. DURATION: These Restrictions are to run with the land and shall be binding upon all parties and all persons claiming under them for a period of 30 years from the date these Restrictions are recorded, after which time said Restrictions shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then owners of the lots shall be recorded, agreeing to change said Restrictions in whole or in part. 7. PRECEDENCE OVER LESS STRINGENT GOVERNMENT REGULATIONS: In those instances where the covenants, conditions and restrictions set forth in this Declaration of Restrictions establish minimum standards or limitations or restrictions on use in excess of Governmental Regulations, the covenants, conditions and restrictions set forth in this Declaration of Restrictions shall take precedence and prevail over less stringent Governmental Regulations. Conversely, in those instances where Governmental Regulations set or establish minimum standards or limitations or restrictions on use in excess of the covenants, conditions and restrictions set forth in this Declaration of Restrictions, the Governmental Regulations shall take precedence and prevail over the less stringent, covenants, conditions and restrictions. 10

11 IN WITNESS WHEREOF, the Declarants, Daniel A. Myers and Carlie S. Myers have set their seals and affixed their signatures the day and year first above written. Daniel A. Myers Carlie S. Myers STATE OF NEW YORK: SS COUNTY OF On this day of, before me personally came Daniel A. Myers and Carlie S. Myers, to me known and known to me to be individuals described in and who executed the foregoing instrument and they duly acknowledged to me that they executed the same. Notary Public County My Commission Expires 11