1. Rules and Regulations. The Board of Directors of the Association shall have the power to formulate, amend, publish and enforce reasonable rules and regulations concerning the use and enjoyment of any Common Area and the stormwater drainage system. The Association shall assume all permit responsibility associated with the stormwater system and shall also insure compliance with all applicable laws, ordinances, rules and regulations regarding the stormwater system.
2. Residential Purposes. All Lots in said Subdivision shall be single-family residential Lots, and shall be used for residential purposes only.
3. Minimum Size of Residence. No residence smaller than 1,200 square feet of heated floor space, exclusive of porches, steps, walks, garages, carports, storage areas, etc., shall be constructed or located on any building Lot. Provided, that in cases where the area is not more than ten percent (10%) below the minimum above set out, Declarant, or its designated agents, may, at their option, approve the construction of the dwelling if it is in conformity with the general development of the Subdivision.
In computing the number of square feet allowed as provided herein, no square footage in any part of the dwelling that is constructed over a garage will be counted, unless it is on the same utility hookup as the main dwelling and is a finished part of the constructed living space.
4. Construction Material. No concrete block, concrete brick, asbestos siding, aluminum siding, cinder block, tar paper, nor stucco composition shall be used for the exterior of any residence constructed on any building Lot herein conveyed, it being intended that only conventional frame, wood, masonite-type hardboard, vinyl, brick or clay brick exteriors utilized in buildings be constructed on the Lots. In addition, all exposed foundations shall be brick or stone.
5. Setback Lines. Since the establishment of standard inflexible building setback lines for location of houses on Lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines are established by these Restrictions. In order to assure, however, that the foregoing considerations are given maximum effect, Declarant reserves the right to control and approve absolutely the site and location of any house or dwelling or other structure upon any Lot and a plot plan shall be furnished for approval before construction begins. In any event, no house shall be erected closer to the front Lot line than 20 feet or nearer to any side line than 10 feet or the minimum distances established by applicable New Hanover County ordinances, whichever shall be greater, unless a variance is received in writing prior to construction. On corner Lots, the side having the least frontage shall be considered the front Lot line of said Lot. A fenced area at least 20' x 20' attached to the rear of the house shall be required within which shall be kept lawn mowers, bicycles, toys, grills and stored materials.
6. Roofs. The main roof structure on any residence must have a minimum pitch of 5'/12' unless written permission to vary there from is first obtained from the Declarant. All shingles shall be earth tones, such as browns, grays and blacks, and shall be a minimum of 25 year architectural shingles or comparable quality.
7. Accessory Buildings. Construction plans and site location for any storage building must be approved by Declarant in writing prior to construction and must conform in paint color, building style and other matters to the residence.
8. Mobile Homes or Vehicles. No house trailer, mobile home, travel trailer or other recreational vehicle, tent, shack or temporary structure of any nature shall be located on any Lot or used at any time as a residence, temporarily or permanently, nor may any modular and prefabricated homes and previously constructed houses be erected or placed on any Lot, without the express written consent of the Declarant.
9. Fence. N fence shall be erected or hedge grown on any Lot unless written approval thereof has first been obtained from Declarant. No fence and no hedge shall be permitted nearer the front Lot line than the rear corners of the house constructed on said lot unless approved by Declarant. No garden shall be permitted nearer the front Lot line than fifteen (15) feet back of the back corner of the house. On Lots having buffer fences installed by the Declarant, the Owner shall be responsible to inspect and maintain the fence in its original condition unless the responsibility of maintenance of the fence is given to another entity in writing by the Declarant. All fences shall be constructed of wood or similar materials, with the finished side on the Outside.
10. Tanks. No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within the main dwelling house, within an accessory building, within a screened area, or buried underground except that one natural gas or propane tank of a maximum of 60 gallons may be installed above ground. Each Lot Owner shall provide receptacles for garbage and all garbage cans, carts and bags must be kept in a screened area, accessory building or other storage facility, and not visible from the street, except on garbage pick-up days.
11. Water. All water to be used in said subdivision for any purpose whatsoever shall be obtained from a Community Water System, provided by Cape Fear Utilities, Inc., its successors or assigns, unless other sources are approved by the City-County Board of Health, Cape Fear Utilities, Inc., the Owner of the Community Water System, or their successors, or the Declarant. An area within an eight (8) foot radius from each water meter shall be subject to an easement for maintenance and repair of such meter.
Lot Owners may, however, with the Declarant's consent, drill shallow wells for irrigation purposes and for non-domestic use provided said wells and pumps are located so as not to be visible from the streets, are properly enclosed and landscaped, and comply with any restrictions placed on the depth thereof as may be agreed between the Declarant and Cape Fear Utilities, Inc., its successors or assigns.
12. Sewage. Sewage disposal shall only be allowed by connecting with the New Hanover County sewer system or other suitable public sewer system, except as to those Lots that may be expressly exempted herefrom by the Declarant.
13. Sales. No yard sales or garage sales shall be permitted upon any Lot. No clothes lines shall be permitted except portable clothes tree stands which shall not be visible from the street.
14. Nuisance. No noxious or offensive activity or situation shall be carried on or maintained on any Lot or part of any Lot, nor shall any use be made of any Lot which may be or may become an annoyance or nuisance to the neighborhood. Household pets are allowed subject to city and / or county ordinances and leash laws. No domesticated farm animals or fowls shall be kept on any Lot.
15. Interference with Use of Lot. There shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or of like nature as may diminish or destroy the enjoyment of other property in the development by the Owners.
16. Cleanliness. It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly, or unkept condition of buildings or grounds on such Lot which would tend to decrease the beauty of the Subdivision.
17. Lights. All light bulbs or other lights installed in any fixture located on the exterior of any building on any Lot shall be clear, white or non-frost light or bulbs.
18. Subdivision of Lot. No Lot shall be subdivided, or its boundary line changed without the written consent of the Declarant. However, the Declarant hereby expressly reserves to itself the right to replat any Lot or Lots or change the alignment or placement of any road as may be necessary to carry out the scheme of development of the Subdivision, in Declarant's sole discretion including the right to extend streets and roadways for the purpose of providing access to adjacent properties and to take such other steps as are reasonably necessary to make such replatted Lot or Lots suitable and fit as a building site.
19. Landscape Maintenance. The Owner of each Lot shall keep the Lot mowed regularly, including the area from the Lot line to the edge of the paved street and clear of any unsightly objects, and in the event that the Owner of any lot breaches this restriction, the Declarant reserves the right to enter upon said Lot and mow the grass, clean up the Lot and remove unsightly trash, structures and objects at Owner's expense.
20. Street Lighting. The Declarant reserves the right to subject the Subdivision to a contract with Carolina Power and Light Company, or its successors and assigns, for the installation of underground electric cables and / or the installation of street lighting, either or both of which may require an initial payment and / or continuing monthly payment to Carolina Power and Light Company by each Owner.
21. Construction. Construction activity on a Lot shall be confined within the boundaries of said Lot. Each Owner shall have the obligation to collect and dispose of all rubbish and trash resulting from construction on his Lot. Upon Owner's failure to collect and dispose of such trash within fifteen (15) days after receipt of a written notice from Declarant, Declarant may collect and dispose of such rubbish and trash at Owner's expense.
22. Mailbox. Each Lot in the Subdivision shall have only one (1) mailbox and one (1) paper box to be mounted on a single post, and all such boxes shall be as approved by Declarant. Such mailboxes or paper boxes may be provided by the Declarant or the builder. Any boxes provided by the builder shall be considered an improvement and must remain with the Lot. Owners shall maintain all such boxes so as to be neat and attractive in appearance.
23. Antennas. No outside radio or television antennas or receivers of any type shall be erected on any Lot or dwelling unit within the Subdivision, unless and until written permission for the same has been obtained from the Declarant. Declarant retains the right if it approves the erection of any antenna to specify the color, size and location of the antenna.
24. Future Development. Declarant is not liable and makes no representation as to the development of any other phase or section except the phase or section covered by the Declarations. Declarant may make changes in future sections of the Subdivision not subject to the Declarations, including, but not limited to, changes in design, type of structures, restrictions or character of section. All maps, brochures and plans are purely for planning and illustration purposes and are not to be relied upon as any promise or covenant of whatsoever kind or nature.
25. Driveway. Each Lot must have a paved driveway at a location approved by Declarant. Off-street parking for not less than two passenger automobiles must be provided on each Lot prior to the occupancy of any residence constructed on said Lot, which parking areas and the driveways thereto shall be constructed of concrete, asphalt, brick or landscape paving blocks. All homes constructed in the subdivision shall have a garage containing a minimum space for two (2) vehicles, unless this requirement is waived in writing by the Declarant.
26. Vehicles. No inoperable vehicle or vehicle without current registration and insurance, and no large vehicles or tractor-trailers will be permitted on any Lot or in the Subdivision. The Declarant shall have the right to have all such vehicles towed at the vehicle Owner's expense. No bus, van, school bus, or vehicle larger than 3/4 ton shall be parked, stored or kept in the Subdivision. Boats shall be kept inside a storage building or in the back yard not visible from the street or unsightly to the adjacent Lots.
27. Allowable Built-Upon Area. Each Lot shall be subject to the requirement that the allowable built-upon area per Lot shall be limited to 4500 square feet, inclusive of right-of-way structures, pavement, walkways or patios of brick, stone, or slate, but not including wood decking. This covenant will be binding on all Owners, and all persons claiming under them, shall be appurtenant to and run with the land, and may be enforced by the State of North Carolina. said covenant cannot be changed or deleted without consent of the State of North Carolina.
28. Signs. No signs (including "For Rent", "For Sale", and other similar signs) or property identification signs shall be erected or maintained on any Lot except with the express written permission of the Declarant, its successor or assigns, except as may be required by legal proceedings; provided, however, that the Declarant or its agents may place "For Sale" or "For Rent" signs on any Lots for sale and in suitable places on the Common Area approved by the Association; provided, however, that during the development of the Property and the initial marketing of Lots, the Declarant may maintain a sales office and may erect and display such signs as the Declarant deems appropriate as aids to such development and marketing, provided that such signs do not violate any applicable laws. Such permitted signs shall be placed in the approximate center of a lot and six feet fro the road curb. No sign shall be nailed to trees.
29. Alterations. No person shall undertake, cause or allow any alteration of construction in or upon any portion of the Common Area except at the direction or with the express written consent of the Association.
