Restrictive Covenants & By-laws
Governing the operation of the Association.
Governing the operation of the Association.
ARTICLE 03 - RESTRICTIONS CONCERNING SIZE AND PLACEMENT OF DWELLING HOUSES, OTHER STRUCTURES AND THE MAINTENANCE THEREOF
3.01 Ground Floor Requirements:
No dwelling shall be constructed on any lot in the Development having less than the following minimum square footages of living space, exclusive of porch and garage: One-story houses shall have a minimum of 850 square feet of living space. Multiple story houses shall have a minimum of 600 square feet of living space on the main floor.
3.02 Set Back Requirements:
a. In General:
Except as may be otherwise shown in the plat, no part of any dwelling house or above grade structure that shall be constructed or placed on any numbered lot in the Development (except fences, the placement of which is provided for hereinafter) shall be less than:
(1) Ten feet (10’) from each side line of the lot;
(2) Thirty feet (30’) from any lot right-of-way;
(3) Fifty feet (50’) from the normal high water mark of Lake Wildwood and Tanglewood Lake, except as may be shown on the recorded plat, or if the lot is not contiguous to Lake Wildwood or Tanglewood Lake, 20 feet or 25% of the depth of the lot (whichever is greater) from the rear line of the lot.
b. Particular Rules for Application of Setback Requirements:
(1) If the lot line with respect to which a setback measurement must be made is a curve, the lot line shall be viewed from the interior of the lot, and if the lot line, thus viewed, is a convex curve, the measurement shall be made along a line perpendicular to a tangent of the curve that intersects at least one of the side lines of the lot at a right angle; if the lot line, thus viewed, is a concave curve, the measurement shall be made along a line perpendicular to the longest chord of the curve that intersects at least one of the side lines of the lot at a right angle.
(2) If the line with respect to which a setback measurement is to be made is a meandering line, the average length of the two lot lines that intersect said meandering line shall be determined and using that average length, an imaginary straight line shall be drawn through the meandering line and the setback measurement shall be made along a line perpendicular to such imaginary line.
(3) The term “side line” defines a lot boundary line that extends from the street on which the lot abuts to the rear line of the lot.
(4) The term “rear lot line” defines the boundary line of the lot that is farthest from, and substantially parallel to, the line of the street on which the lot abuts, except that on corner lots, it may be determined from either street line.
(5) A corner lot shall be deemed to have a front line on each street on which the lot abuts, and such lot need have only one rear yard as defined by (4) above.
In order to preserve the natural quality and aesthetic appearance of the existing geographic areas within the Development, all property lines shall be kept free and open one to another and no fences shall be permitted on any lot or lot lines except where, in the opinion of The Environmental Control Committee (as is hereinafter described) a fence or other enclosure, as a structure or aesthetic feature of a design concept, will contribute to and be in keeping with character of the area. In such cases, the Committee shall determine the size, location, height and composition of the fence or other enclosure.
3.04 Environmental Control Committee:
a. No dwelling house or outbuilding shall be constructed placed or altered on any numbered lot in the Development nor shall any boat shelter, pier, float or similar structure be placed entirely or partly within the lake in the Development, unless plans and specifications showing the nature, kind, shape, height, materials and location thereof shall have been submitted to, and approved in writing by, not less than two (2) members of the Environmental Control Committee for the Development. In the event said Committee fails to approve or disapprove such plans, specifications and location within thirty (30) days after submission, approval will not be required and this paragraph will be deemed to have been fully satisfied. The Environmental Control Committee shall consist of three (3) persons, who shall be appointed by the members of the Board. Ownership of real estate in the Development shall not be deemed a condition of membership on the Environmental Control Committee.
b. Whenever a vacancy shall occur in the membership of the Environmental Control Committee, the Board shall select a person to fill the vacancy.
c. Neither the Environmental Control Committee nor any members thereof shall be entitled to any compensation from any owner of a numbered lot in the Development on account of any service performed in the examination of plans or specifications pursuant to this sub-paragraph 3.04.
d. Whenever the Environmental Control Committee shall approve plans and specifications for a boat shelter, pier, float or similar structure, on or extending into the lake, such approval shall constitute a mere revocable license from the Association, or its successor in title to said lake, for the construction, placement and maintenance of the proposed structure.
3.05 Exterior Construction Materials:
The finished exterior of every building constructed or placed on any numbered lot in the Development shall be of material other than tar paper, roll brick siding or any other similar material.
3.06 Diligence in Construction:
Every building whose construction or placement on any numbered lot in the Development is begun shall be completed within six (6) months after the beginning of such construction or placement. No improvement which has partially or totally been destroyed by fire or otherwise shall be allowed to remain in such state for more than six (6) months from the time of such destruction or damage.
3.07 Prohibition of Used Structures:
All structures constructed or placed on any numbered lot in the Development shall be constructed with a substantial quantity of new materials and no used structures shall be relocated or placed on any such lot.
3.08 Maintenance of Lots and Improvements:
The owner of each lot in the Development shall at all times keep such lot and any improvements situated thereon in such a manner as to prevent its becoming unsightly.
3.09 Association’s Right to Perform Certain Maintenance:
In the event an owner of any numbered residential lot in the Development shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors of the Property Owners Association that is hereinafter described, such Association shall have the right, through its agents and employees, to enter upon said lot and to repair, maintain and restore the lot and the exterior of the buildings and any other improvements erected thereon. Such right shall not be exercised unless two-thirds (2/3) of such Board of Directors shall have voted in favor of its being exercised. The cost of such exterior maintenance shall be added to and become a part of the annual charge to which such lot is subject.