Declaration of Restrictive Covenants and Charge Upon the Land
The following Declaration of Restrictive Covenants and Restrictions Upon Use, as hereinafter set forth and adopted by VALLEY GREEN LAND COMPANY, a Delaware corporation, and VALLEY GREEN DEVELOPMENT CORPORATION, a Pennsylvania corporation, RICHARD J. LEGGETT and SHORT, RICHARD J. LEGGETT and PATRICIA M. LEGGETT, his wife, and JACK L. SHORT and JOAN E. SHORT, his wife, constitute covenants by and between the said owners, and each and every purchaser and successor in title to any lot or portion of the land hereinafter described on Exhibit “A” and said covenants may be enforced by any appropriate legal proceedings by owners or by any other owner of any portion of the land included within the said description.
- Except as hereinafter provided, no lot shall be used other than as a single family redisence which may include a home occupation. Home occupation is defined as follows: A use made by a person residing on the premises which
- is clearly incidental or secondary to the residential use of the dwelling unit;
- or customarily carried on within a dwelling unit;
- or occupying not more than 25% of the total floor area, exclusive of porches and garages, except that no more than one home occupation of any one category or business or profession may be permitted within the area of the described land.
Certain of the lots are or will be designated on the Plans for apartment and/or condominium construction. Apartment and condominium units shall be occupied solely and exclusively for residential purposes. No home occupation shall be permitted in the apartment or condominum units. Nothing herein contained shall preclude the use of one or more houses and apartment or condominium units for real estate office(s) and/or sample showing.
Single family dwellings shall contain a minimum of six hundred (600) square feet; apartment and condominium units shall contain a minimum of four hundred fifty (450) square feet. Nothing herein contained shall be construed to prevent conversion to condominium status.
Additionally, that portion of land described on Exhibit “B” hereof may be utilized for either residential or commercial purposes. To the extent said tract is devoted to residential use, all the obligations and provisions set forth herein shall be applicable. To the extent the said land is devoted to commercial use, commercial restrictions shall be recorded and shall apply.
- No building shall be erected or moved upon any lot without prior written approval of the design and location thereof by Richard J. Leggett or Jack L. Short, or their authorized agent. In the event that the said Richard J. Leggett and Jack L. Short, or their agent, should cease to act in this capacity, then a committee of three persons shall be elected by the owners of lots within the described tract and the said committee shall be vested with the authority herein described. However, in the event that there is a failure to approve or disapprove such design or location within thirty (30) days, then such approval will not be required provided the design and location on the lot conform to and are in harmony with the existing structures in the tract.
- No single family dwelling shall be permitted on any lot at a cost of less than $25,000, based upon cost levels prevailing at the date of these Restrictions.
- No billboard or other objectionable structures shall at any time hereafter be erected upon any lot, but privacy fences, hedges, shrubbery or planting of a similar nature shall be allowed to define the property lines thereof. No barbed wire, chain link or similar fences are permitted.
- No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred or maintained for commercial purposes. Dogs may be kept only if they do not engage in sustained periods of barking, such periods defined as continuous or intermittent barking in excess of ten minutes.
- No strucutre of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot any time as a residence either temporarily or permananently.
- No sign of any kind may be displayed to the public view on any lot except that one sign of not more than six square feet may be displayed for purposes of rental or sale of the dwelling house, or to designate home occupation. No sign may be illuminated in any way.
- No individual sewage disposal system shall be permitted on any lot.
- Outside construction of the residence on said premises shall be completed within six (6) months after the date of commencement.
- A perpetual easement is reserved over each lot for utility installation and maintenance.
- There shall be provided either in a private garage or on the lot or in combination thereof, space for the parking of two (2) automobiles.
- No lot may be subdivided without the approval of Richard J. Leggett or Jack L. Short, or their autorized agent, or the committee described in paragraph 2 hereof.
- At no time shall any junk, junked cars or anything else similarly offensive to view be allowed to be placed, collected or remain on the premises.
- All lots shall be maintained in a neat appearing manner including but not limited to periodic mowing. Each lot shall be so maintained whether or not improved by a dwelling house.
- No wells may be placed on any of the lots. Water installation must be made in connection with the public water, presently served by Newberry Water Company.
- Any stucture situate on any lot from which sanitary sewage is or may be discharged, shall be connected to the public sewer system which is presently operated by Newberry Sewer Company and which may at some future time be operated by some other sewer company or body.
- There shall be no such connection to such sewer system except to discharge water having its source from the public water lines.
- All rainfall, runoff, ground water, water from roof drains, sump pumps, basement drains, footer drains, underground springs or similar sources shall be excluded from discharge into such public sewer system through such connection by the owner of the lot.
- No structure which may be erected on said tract of land may be occupied for any purpose for which it is suited unless and until its sanitary sewer facilities have been installed and connected.
- Newberry Sewer Company and its successors in interest shall have the right to access at reasonable times to any part of any such lot requested hereby to be connected to such public sewer system and the improvements located for the purposes of inspection, observations, measurement, sampling and testing to determine observance of the foregoing requirements and for performance of other functions relating to service rendered by such sewer company or its successors in interest.
- Newberry Water Company and its successors in interest shall have the right of access at reasonable times to any part of any such lot required hereby to be connected to such public water system and the improvements thereon located for the purposes of inspection, observations, measurement, sampling and testing, and for performance of other functions relating to service rendered by such water company or its successors in interest.
- Upon requirement by Newberry Township, The Northern York County Regional Joint Sewage Authority or other proper governmental body, the easements reserved hereby shall be transferred in whole or in part by the Newberry Sewer Company, its successors or assigns, subject to the burdens, responsibilities and liabilities attending such right.
- All toilet installations must be low water usage toilets with low water consumption features and each type proposed to be used by any builder or owner must be approved by Newberry Water Company, its successors or assigns.
- All of the area within the perimeter of the described premises which is shown on the plot plan(s) as open space, natural green area, recreation facilities, or otherwise not shown as building lots is hereby dedicated to the use of the owners of lots shown of Valley Green Village West, as the same is recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, subject to utility easements as may from time to time be required. All use of the open area and recreation facilities, etc., shall be at the sole risk of the user, and neither the owner nor the maintainer thereof shall be liable for any personal or property damage resulting from such use.
- Each lot is permanently burdened with a pro rata share of the expense of the care and maintenance of said open area in a natural state, recreation facilities, etc., and by the acceptance of the deed therefor it is agreed by the lot owners(s) that such share or charge shall be Sixty ($60.00) Dollars per annum. The aforesaid Sixty ($60.00) Dollar fee shall be adjusted for increases in the Consumer Price Index as follows: The developers, their successors or assigns, shall each year examine the “Revised Condumers Price Index – Cities 1957 – 1959 = 100)” (hereinafter called Index) published by the Bureau of Labor. At such time as the level for July, 1983 (Base) Index Number shall be exceeded by the then current Index Number by eight and one-half percent (8½%), the per annum charge upon the land for each year thereafter shall be Sixty-Five ($65.00) Dollars for succeeding years. When the base price index is exceeded by seventeen percent (17%), the charge upon the land shall be Seventy ($70.00) Dollars, and so on, it being the intention that
- all increases shall be calculated with respect to the Base Price index and
- that until the increase results in Five ($5.00) Dollars or more it shall not be recognized.
This sum and its Consumer Price Index may not be reduced. The same may be increased beyond indexing only upon the vote of ninety-five (95%) percent of the lot owners, excluding Valley Green Land Company and Valley Green Development Corporation.
The maintenance and recreation program shall be administered by the Valley Green Village West Recreation Association. The above described charge upon the land shall be payable May 1 of each year to said Association, its successor or assigns or designee. In addition to being an in rem charge upon the land, the obligation may be collected through in personam proceedings before a district justice or court of record. Use of green areas and recreation facilities is limited to bona fide residents and their guests. The Recreation Association shall promulgate regulations for use by guests.
- Every exterior wall shall be maintained free of holes, breaks, loose or rotting boards or sills. All exterior surface material must be painted in accordance with acceptable standards, and all siding materials must be kept in good repair.
- All accessory structures, including detached garages, shall be maintained structurally sound and in good repair.
- Porches, carports, sheds and such areas, open and visible to the public eye, shall remain free of debris, discarded furniture and the like (excluding the type designed for use in such structures) and shall be kept in a sanitary and orderly manner, free of litter, rubbish, garbage and it being stored in approved covered containers. Trash for pick up at the curb may not be placed there sooner than the evening before the scheduled pick-up.
- No unregistered or uninspected motor vehicle may be parked at any place other than in a garage, and at no time shall any vehicle in any state of major disassembly, disrepair, stripped or dismantled be permitted. At no time shall any vehicle of any type undergo major overhaul, including body work, in the area.
- Every roof shall be structurally sound, tight and have no defects which might admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the building.
- Buildings shall be kept free from insect and rodent infestation, and where insects or rodents are found, they shall be properly exterminated by acceptable processes which will not be injurous to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
- The interior of every dwelling and structure shall be maintained in a clean and sanitary condition, free from any accumulation of rubbish, garbage, refuse or any uncontained human or animal food which can attract rodents or insects. Rubbish, garbage and other refuse shall be properly kept inside temporary storage facilities as required.
- No attached building shall be constructed except with a two hour fire rated fire wall at the point of jointure with adjacent building(s). Such two hour fire rating shall be as defined by the Fire Resistance Design Manual, File No. WP-3910, published by the U.S. Gypsum Association of Evenston, Illinois, 1978 Edition. To the extent of offset, an easement of ten (10″) inches over adjacent property lines is granted to the owners of all offset structures to locate, construct and maintain the walls of such structure to accomodate fire and weather insulation.
- The outside drying of laundry, airing of clothes and similar items is not permitted except in areas screened from public view.
- Outdoor lighting and flood lighting shall be diffused or shielded in such a manner as not to create any hazardous situations for passing vehicular traffic nor a nuisance to persons residing in the area. Such lighting shall not exceed the height of the dwelling to which it is appurtenent nor be directed toward any neighboring property nor be of such intensity as to constitute an annoyance to other persons in the area.
- The playing or rendition of music of any kind, singing, loud talking, amplification of sound, or other noises on or about the premises, in such manner as to disturb the peace and quiet of the neighborhood, having due regard for the proximity of places of residence, is prohibited.
- No antennas of any nature shall be erected or placed on any roof or otherwise so as to exceed the roof height.
- No vehicle of any type or description, including but not limited to trucks, boats, recreational vehicles, etc. which is required by the Commonwealth of Pennsylvania to be licensed by any license other than those prescribed for standard passenger vehicles and pick-up trucks up to a maximum of one-half ton capacity, may be parked anywhere on the described premises. An exception is made for vehicles of visitors, workmen, etc., provided the excepted parking may not exceed seventy-two (72) hours.
- There shall be permanently reserved a ten (10) foot utility easement along the side lines of each lot which has a side yard. Also permanently reserved is a utility easement in front of all buildings, measured toward the street from a straight line projected across the front of the two buildings closest to the street right-of-way line in each attached cluster and continuing to the sidewalk which runs parallel to the buildings. The word “utility” as used herein shall include, without limitation, television cable and other facilities which may contribute to the improvement of the community.
- The facade or exterior of all structure shall be maintained in substantially the same form as they existed at the time of the original purchase.
- The owner(s) of each lot shall be fully responsible for the actions of his or her or their tenants, invitees and guests as they relate to compliance with these restrictions.
- The covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by ninety five (95%) percent of the then owners of the lots (excluding Valley Green Land Company and Valley Green Development Corporation) has been recorded, agreeing to change said covenants in whole or in part, except the easements herein referred to, which shall be perpetual.
- Enforcement shall be by proceedings at law, or in equity, against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Each signatory to the Restrictive Covenants applicable to the described premises agrees for himself, herself, their personal representatives, heirs, successors and assigns, that all reasonable costs, legal fees and/or other expenses incurred to correct any violation thereof, which action results in a decision or result against the homeowner, shall be reimbursed by the owner(s) of the property involved. Such payment shall be made within thirty (30) days of termination of the action, and may be enforced through a District Justice or any court of record.
- Invalidation of any one of these covenants by judgement or court order shall in no wise affect any of the above provisions which shall remain in full force and effect.
The above restrictive covenants and charge upon the land shall apply to the following described premises marked Exhibit “A” attached hereto and made a part hereof.
In witness whereof, the parties have hereunto set their hands and seals this 29th day of August, 1983.
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