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.

  1. All lots in said subdivision shall be used exclusively for single family residential purposes.
  2. 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.
  3. 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.
  4. 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:
  5. 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.

  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. 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:
  19. 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

  20. 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.
  21. 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.
  22. No lot shall be used as a dumping ground and all household trach, rubbish and garbage shall be kept inconspicuously on a temporary basis.
  23. 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.
  24. Culvert pipes shall be installed by the owner at all driveway crossings or drainage ditches according to county specifications.
  25. 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.
  26. 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.