|
PROTECTIVE
COVENANTS & BUILDING RESTRICTIONS FOR CHAPEL HILL SUBDIVISION
The following
are hereby promulgated and adopted as and for protected covenants
and building restrictions for Chapel Hill in townships of Liberty,
Milford and Miller, Knox County, Ohio are attached to the plat thereof
and shall run with the land. These protective covenants shall remain
in force for a period of fifteen (15) years from the filing of the
plat, and thereafter shall continue for successive periods of fifteen
(15) years each, unless the owners of a majority of the total number
of lots in said Addition shall have executed an instrument in writing
terminating said covenants, and have filed said instrument for record
with the Recorder of Knox County, Ohio, 90 days prior to the expiration
of any fifteen (15) year term hereof.
- All lots
in said subdivision shall be used exclusively for single family
residential purposes.
- Each lot
in said Addition may be improved with only one (1) dwelling, a
residence designed for the use of single family, with an attached
garage for not less than two (2) nor more than three (3) cars.
There shall be no detached buildings without approval of developers.
- All setback
lines, access lines, and building lines shall conform to those
set forth by any planning or zoning regulations of the various
townships of Knox County. The front yard building setback line
from any street shall be a minimum of sixty (60) feet. There shall
be ten (10) feet utility easements on all front and rear lot lines
and five (5) feet on all side lines.
- Within all
easements, no structure, planting, or other materials shall be
placed or permitted to remain which may damage or interfere with
the installation and maintenance of utilities, or which many change
the direction or flow of drainage channels in the easements, or
which may obstruct or retard the flow of water through drainage
channels in the easements. The easement area of each lot and all
improvements within it shall be maintained continuously by the
owner of the lot, except for those improvements for which a public
authority or utility company is responsible. In addition to the
foregoing, the following provisions shall also govern as regards
easements and shall be binding on all parties purchasing a lot
in said Addition and all parties claiming through or under them:
a POWER
LINES. All utility lines from the utility main line to the
residence shall be installed underground. Nothing herein shall
be construed to prohibit street lighting or ornamental yard lighting
serviced by underground wires or cables. No lot owner shall erect
or grant ot any other person, firm or corporation the right, license
of privilege to erect or use or permit the use of overhead wires,
poles or overhead facilities of any kind or electrical, telephone
or television service within said Addition except such poles and
overhead facilities as many be required at those places where
distribution facilities enter and leave the restricted area.
b ANTENNAS.
No radio, television, or other antenna shall be affixed in any
way to the exterior of any house or garage, as part of any fence,
pole or structure, or any tree, bush, or other living thing without
the approval of the Chapel Hill Developers. Satellite dish receptors
may not exceed four (4) feet in diameter and must be placed on
the lots in such a manner as to be shielded from view of the street
and adjoining lot owners.
c SERVICE
CAPACITY. Electrical service entrance facilities installed
to connect any house or any structure to the electric power company's
distribution system shall have adequate capacity for future needs
and shall not have less then three wires of capacity of not less
than 200 amperes, and be installed in accordance with engineering
standards issued by the electric company. All service entries
and conduits shall be painted to blend with the exterior of the
home.
d SERVICE
LATERALS. The lot owner of said Addition shall make the strip
of land in which any underground service lateral is located accessible
to the utility company's equipment, remove all obstructions from
said strip of land, grade the strip to within four (4) inches
of final grade, and provide continued access to the utility company
for the operation, maintenance and replacement of the service
lateral, it being understood that the utility company will not
be liable for damages to walks, driveways, lawn, landscaping or
any improvements that might result from the installation, repair
or maintenance of the service lateral.
e SERVICE
COSTS. The lot owner shall pay for the service laterals to
the individual houses at the time service is required.
- No garage,
trailer, basement, tent, or unfinished building shall be used
as temporary living quarters during construction of the dwelling.
All dwellings and landscaping must be completed within one year
after construction has commenced.
- No large
trucks, trailers, commercial vehicles, motor homes, non-operative
automobiles or any motor driven vehicles of any type shall be
left upon the property for a period longer than a total of fifteen
(15) days per year. This does not apply to such boats or other
vehicles, whether motor driven or towed, as are stored wholly
within a private garage.
- No animals,
birds, insects, livestock or poultry of any kind shall be raised,
bred, or kept on the property except dogs, cats and other household
pets which are kept for domestic purposes only, and are not kept,
bred or maintained for any commercial purpose. No more than two
(2) dogs and two (2) cats may be kept on any lot or in any dwelling
on any lot except when such dogs or cats may be less than three
months of age.
- No commercial
machinery or equipment of any kind shall be placed, operated or
maintained upon the property except such machinery or equipment
reasonably necessary for use in connection with maintenance or
construction of improvements as approved by the developer.
- No tree
of any kind shall be removed or cut down which has a diameter
of six (6) inches unless by approval of the developers. Only trees
totally within the lot of an individual may be altered by that
individual.
- No noxious
or offensive activity shall be carried out upon any lot nor shall
anything be done there on which may be or may become an annoyance
or nuisance to the neighborhood.
- No signs
whatsoever (including, but not limited to commercial an similar
signs) shall be erected or maintained on the property except signs
as many be required by law, for sale sign and other signs which
may be approved by the developers. This shall not be construed
to prevent a builder or sub-contractor from displaying a sign
during the construction of a dwelling for promotional purposes
and prior to the sale or completion of said dwelling.
- Upon completion
of the dwelling, all lawns shall be landscaped, shrubbed, and
seeded in compliance with the submitted and previously approved
plans. Said landscaping must be done within thirty (30) days following
the completion of the dwelling. The developers may grant an extension
in the event weather conditions would not be conducive to installation.
- No new oil
or gas drilling, oil or gas development operations, oil refining,
quarrying, or mining operations of any kind shall be permitted
on any lot, nor shall new oil and gas wells, tanks, tunnels, mineral
excavations or shafts be permitted upon or in any lot. No derrick
or other structure designed for use in boring for oil or natural
gas shall be erected, maintained or permitted upon any lot.
- It shall
be the responsibility of the lot owner to obtain approval of the
Knox County Health Department to obtain any permits needed to
install sewage systems and water wells.
- No concrete
block building or concrete block fence shall be built on any lot
within the Addition. concrete block may be utilized in the construction
of foundations, but must be stuccoed or covered with siding, or
other similar material.
- Before construction
is commenced on any lot, two (2) complete sets of plans and specifications
must be submitted to the developers a minimum of thirty (30) days
prior to the proposed ground breaking. Such plans shall include
a site plan reflecting the location of the dwelling on the lot,
front, side, and rear elevations, complete details of the proposed
exterior treatment and proposed landscaping. The developers shall
approve or reject said plans and specifications within fourteen
(14) days after receipt. In the event the developers fail to approve
or reject said plans or specifications within the time period,
or in the event no injunction has been sought against the proposed
construction, this provision shall be deemed waived. One set of
plans shall be retained by the developers until the dwelling and
landscaping are substantially completed.
- No dwelling
shall exceed two (2) stories in height. This restriction, however,
shall not be construed to prevent the erection of a multi-level
residence which conforms substantially to this restriction in
the opinion of the developers. Exclusive of open porches, basements,
and garages, the following minimum square footage of living areas
shall apply:
One story
Residences……………2000 square feet
Multi-level Residences………….2400 square feet
Two story Residences…………...2400 square feet
One & one-half story residence….2200 square feet
- All windows,
porches, balconies and other exterior surfaces shall at all times
be maintained in a neat and orderly manner. No clothes lines or
other outside drying or airing facilities shall be permitted.
Roofs shall be a minimum of five-twelve (5/12) pitch to a maximum
of twelve-twelve (12/12) pitch. Specific colors and types shall
be included with the plans and specifications for review and approval
by the developers. Gable and hip roofs with wide overhangs are
preferred. Flat gambrel flat, and mansard roofs are discouraged
and only permitted by special permission of the developers. Gutters,
fascias, soffits and rake boards shall be painted to blend with
the side of the house. Roof ends, vents and flashing (except copper
flashing) shall be painted to match the roof. Awnings shall not
be used. Aluminum storm or screen doors or windows shall not be
used. Garage doors shall be painted or stained to blend with the
house and be of one color and made of wood or wood based material.
Stucco must blend with natural earth colors (white stucco is not
acceptable). Patios and decks shall blend with the natural slope
of the site and shall be screened with plantings, walls or carefully
mounded earth. Above ground swimming pools shall not be installed.
The location of in-ground swimming pools shall be approved by
the developer prior to installation and shall be visually screened
from all sides of the lot. Basketball backboards shall not face
the street. All outdoor lighting shall be positioned so as not
to disturb neighboring property owners. Spotlights and open bulb
lanterns with direct glare may not be used.
- No fences,
except rail type for decorative purposes, shall be erected of
placed on any lot unless approved by the developer. All lots must
be kept neat and mowed at all times.
- No lot shall
be used as a dumping ground and all household trach, rubbish and
garbage shall be kept inconspicuously on a temporary basis.
- No lot owner
shall build any dam or other device that will impair the natural
flow of surface water unless the design and location has been
approved in writing by the developers.
- Culvert pipes
shall be installed by the owner at all driveway crossings or drainage
ditches according to county specifications.
- These protective
covenants may be enforced by injunction in addition to any other
remedy provided by law, by the developer, or by the owners of
any lots in said addition. Invalidation by judgment or decree
of any court of any of these covenants or restrictions shall not
serve to invalidate those remaining.
- Amendments,
modifications, changes or additions to these restrictions may
be made by the owners of a majority of the total number of lots
in said addition by joining in an instrument in writing, duly
executed, witnessed and acknowledged and filed with the recorder
of Knox County, Ohio.
|