DECLARATION OF RESTRICTIVE COVENANTS RESERVATIONS AND EASEMENTS FOR FOREST HEIGHTS SUBDIVISION
THIS DECLARATION is made the 25th day of April,2002, by DANIEL R. HAWBAKER, ROBERT C. McDANIEL, and J. DOYLE CORMAN, Trustee, Partners, t/d/b/a DBW LAND DEVELOPMENT PARTNERSHIP, of Walker Township, Centre County, Pennsylvania, hereinafter referred to as "Developer";
The lands which are the subject of these restrictions, covenants, reservations and easements are those parcels located in Walker Township, Centre County, Pennsylvania, being designated as "Forest Heights," all phases, as shown on that certain subdivision plan, intended to be recorded, and the said lots are hereby subject to and imposed with the following restrictions, covenants, reservations and easements, all of which shall be construed as covenants, reservations, restrictions and easements running with the land and binding upon whosoever shall own or acquire the within described lots at any time hereafter. Each lot in Forest Heights shall be conveyed under and subject to the following restrictions, covenants, reservations and easements. Each grantee, on behalf of themselves, their heirs, successors and assigns, shall by acceptance of a deed from the developers, on behalf of themselves, their executors, administrators, heirs and assigns, agree to keep and perform the restrictions, covenants, reservations and easements. This declaration shall be as follows:
1. Each lot in Forest Heights subdivision shall be used for residential purposes only, and only one single-family residential dwelling may be erected or maintained on each lot. As part of each single-family residential dwelling constructed on a lot, an integral garage for at least one and no more than four (4) automobiles must be erected. Only such other outbuildings or appurtenances, if any, as shall be approved by Developer, may be erected or placed on the lot, provided that such other outbuildings or appurtenances must be the same color as the residential structure. Any such outbuilding or appurtance may be erected on the lot only within the buildable area of the lot and shall not invade the yard setbacks.
2. No lot shall be re-subdivided into two (2) or more lots. This provision shall not limit Developer's right to re-subdivide or reconfigure any lots and/or streets within the subdivision.
3. No lot may be used as a means of access or egress to or from any other real estate except with Developers prior written consent.
4. No dwelling, house, garage, building, storage shed, mailbox or other structure of any character or driveway or fence shall be erected, constructed or maintained on the premises, nor shall any addition to, change or alteration thereof be made unless and until the specifications and plans showing the nature, kind, shape, height, materials, floor plans, exterior color scheme, location, front and rear facing, and elevations, and statement of the approximate cost thereof and the grading plans of the lot to build upon, shall have been submitted to and approved in writing by the Developer or its duly authorized agent, and a copy thereof, as finally approved, lodged permanently with the Developer. The Developer shall have the right to decline to approve any such plans and specifications submitted which are not suitable or desirable, in its sole discretion or option, for aesthetic or other reasons, taking into consideration, among other things, the effect of the building or other structures as planned on adjacent or neighboring properties, and whether the plan are in keeping with and are in general harmony with the development as a whole. Plans and specifications for new homes and future additions thereto shall have the written approval of the Developer prior to the start of construction.
5. No buildings shall be erected, altered or placed upon any lot, and there shall be no grading of any lot or any planting, replacement, relocation or removal of trees until the identity of the proposed builder and a complete set of plans and specifications for the same and a site plan, including landscape plan, shall first have been furnished to the developer, its heirs and assigns, at least thirty (30) days prior to construction. The identity of the proposed builder and the plans must have been approved in writing by the Developer, its heirs and assigns, prior to construction. Grantee further agrees that no change shall be made in the identity of the builder or in said approved plans and specifications without the written approval of Developer, its heirs and assigns, first had and obtained.
All submissions of plans for construction, proposed grading and tree removals, planting or relocation must be in duplicate, one copy of which shall be retained by Developer, and shall provide information as requested by Developer for proper review. Developer may approve in part or disapprove in part, or otherwise qualify such approval, and may take into consideration aesthetic or other considerations or reasons as Developer, its heirs and assigns, shall deem suitable.
Developer, its heirs and assigns, reserves the right to approve or disapprove of any builder or a dwelling or improvements within Forest Heights. After receipt of identity of the proposed builder and of the plans, specifications and proposals, Developer shall approve or disapprove the same within twenty (20) days.
All site plans shall show the following:
a. Existing topography;
b. Outline of all proposed structures and finished floor elevations, including as well their locations relative to the property line and the building setback lines;
c. Proposed drainage control on each lot;
d. Pole light locations;
e. The scale of the plan shall be 1 inch equals 20 feet;
f. Finish grade contours and spot "elevations" for all graded areas;
g. Erosion control measures that will be constructed to control water runoff until new ground cover is established.
All landscape plans shall include the location of at least two (2) trees to be planted in the front yard of the lot.
6. The building and landscaping of any dwelling or structure must be completed within one (1) year from the start thereof, or else there shall be assessed against the lot owner liquidated damages in the amount of $50.00 per day for that time beyond the foregoing one (1) year period during which such construction or landscaping is incomplete.
If any charges hereby reserved as liquidated damages remain unpaid for thirty (30) days after the first day upon which they begin to accrue, lot owner hereby empowers any Prothonotary, clerk of court, or attorney of any court of record to appear for owner in all actions which may be brought for damages and/or charges, payment, costs and expenses associated with said damages or to sign for Developer an agreement for entering into before any competent court an amicable action or actions for the recovery of the liquidated damages or other charges, payment, costs and expenses. Any said suits or amicable actions to confess against owner may include recovery for all or any part of the damages specified in this covenant and then unpaid, including at Developer's option the liquidated damages for the entire term of noncompliance and/or other charges, payments, costs and expenses, and for interest and costs, together with an attorney's commission of 15%. Such authority shall not be exhausted by one exercise thereof; but judgment may be confessed as aforesaid from time to time and as often as any of said liquidated damages or other charges, payments, costs and expenses shall fall due or be in arrears.
Such power may be exercised as well after the expiration of the original term and/or during any extension, modification or renewal of these covenants.
7. Home occupations or professional offices may be conducted or maintained so long as there are no more than one (1) employee on the premises, and the home occupation is otherwise in compliance with the applicable municipal zoning.
8. No unregistered or unlicensed motor vehicle or trailer may remain on the lot unless said motor vehicle or trailer is garaged; nor may any unregistered or unlicensed motor vehicle or trailer be parked in the public right-of-way adjacent to any of the lots hereinabove described.
9. No mobile home (including without limitation "single wide" and "double wide" mobile homes), above-ground swimming pool, shack or other temporary structure shall be kept, maintained or allowed on the premises, except that children's tents, swingsets, and playhouses may be erected in the rear yard. No motor homes, campers, boats or recreational vehicles may be kept or stored on the premises for more than 24 hours except in a garage. No concrete, concrete block buildings or metal storage sheds shall be erected or maintained on the lot.
10. No animals, livestock, horses or poultry of any kind shall be raised, bred or kept on the premises, except that dogs or cats or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purposes, and provided that there shall be kept on the premises no more than two (2) dogs and/or cats, cumulatively.
11. All driveways shall be constructed and maintained as a concrete or asphalt paved surface. A sidewalk shall be built from the driveway to the front door of the residence. When landscaping, other lots' views shall not be unreasonably obstructed nor shall existing drainage patterns be unreasonably altered.
12. An outside electric eye pole light must be installed on each lot prior to the completion of the dwelling and must be maintained thereafter. The location shall be along the driveway and within thirty (30) feet of the intersection of the driveway and the public right-of way. The pole light must be lighted at all times, from dusk to dawn; it must be regulated by an automatic day and night switch or photo cell; and it must illuminate to an equivalence of at least 60 watts (either by single lamp or a combination of lamps). The Developer shall have the express authority to waive the requirement of an electric pole light or alter the requirements of that pole light if the Developer deems such waiver appropriate under the circumstances.
13. A mailbox with numbers thereon of at least three (3) inches in height must be erected on the left hand comer of the driveway within 18 inches of the edge of the shoulder.
14. Each lot owner shall refrain from interference with natural drainage courses and swales among the roadways.
15. At no time shall any lot be stripped of its topsoil except to the extent necessary for approved construction, nor be stripped of its trees or allowed to go to waste or be neglected, excavated, or have refuse or trash thrown, placed or dumped upon it. Developer, its agents and assigns, and Developer's machinery shall have the right to enter upon any lot for the purpose of removing trash, mowing, cutting, clearing or pruning the lot of any grantee who permits the same to become unsightly, or if the same detracts from the overall beauty, setting and safety of the Forest Heights subdivision. The lot owner is responsible for maintenance and upkeep of the lot to the aesthetic, economic integrity of the development. Following notification of violation, the lot owner shall have fifteen (15) days to correct any violation under the provisions of the within covenant. Upon failure of the lot owner to effect corrections, Developer shall have the right to enter upon the property, correct the violation and collect reasonable costs thereof from the lot owner.
16. Each building shall be provided with gutters and downspouts, unless otherwise approved by the Developer.
17. No antennae, including satellite dish antennae, may be attached to the exterior of any structure, nor may any free-standing antennae or satellite dish antennae be placed on any lot, without first securing written permission from the Developer; except that a free-standing satellite dish antennae may be erected in the rear or side yard of the property.
18. All exposed concrete must be stuccoed.
19. Any clothes lines, racks or other devices for outdoor drying or laundry shall be prohibited from the front and side yards.
20. No signs of any kind may be displayed to the public view on any lot except when the house or lot is for sale; in the case where a lot is placed for sale, one sign having an area of not more than five (5) square feet may be displayed for the purpose of advertising the property. Home occupancy signs are expressly prohibited.
21. Neither Developer nor its heirs and assigns shall be liable in damages to any one submitting any plans or requests for approval, nor to any grantee or lot owner or person affected by these covenants by reason of a mistaken judgment, negligence, or malfeasance, arising out of or in connection with the approval or disapproval or failure to approve such plans or requests. Every lot owner or person who submits any plans or requests to the Developer, its heirs and assigns, for approval agrees, by submission thereof, that any successive lot owner or person agrees by acquiring title thereto that he will not bring any such action or suit to recover any such damages.
22. Developer, its heirs and assigns, shall have the express power and right to enjoin the construction of any structure or other improvement and the removal of any trees and to order the removal of any structure or improvement on any lot where approval of the said construction, tree removal or other improvements shall not have been obtained in strict compliance with the provisions of paragraph 5, above, and to take such other remedies as are available to the Developer, its heirs and assigns, in law or in equity.
23. Developer, its heirs and assigns, may build and maintain a model home in Forest Heights subdivision. Developer, its heirs and assigns, may construct and maintain more than one model home, but only one home at a time may be maintained as a model home.
24. All trash, garbage and refuse shall be stored in covered metal or plastic receptacles, concealed from view by an enclosure or screening approved by Developer, its heirs and assigns. The lot owner shall refrain from creating a nuisance by odor, noise, smell,
excessive light or activity, and shall refrain from meat cutting and deer processing activities upon the premises.
25. All purchasers of lots within the subdivision shall automatically become members of the Forest Heights Homeowners Association, and shall be subject to the Homeowners Association by-laws.
26. Grantees, theirs heirs, successors and assigns, acknowledge and agree that any movement of soil on the land herein described is under and subject to the restrictions and regulations of the Soil Conversation District and Grantees shall be responsible for constructing and maintaining soil erosion and sedimentation controls in accordance with the approved erosion and sedimentation control plan, and Grantee shall indemnify and save harmless Developer, its heirs and assigns, from any loss, damage or claim arising as a result of the Grantees failure to comply with applicable regulations and approved plans.
27. All lots shall be developed and all buildings constructed so as to conform with applicable stormwater management regulations and subdivision plan requirements.
All lots may be subject to stormwater management easements. The intent of the easements and the restrictions is to preserve the function and capacity of the stormwater detention facilities and provide for their maintenance. Within the easement for stormwater management facilities, the following restrictions will apply:
a. Land within the stormwater management easements may be used for non-commercial horticultural and recreational purposes.
b. No wall structures may be placed within the easements. Picnic shelters firmly anchored with a roof line of a minimum of 1 foot higher than the established 100 year water level and having no walls may be placed in the easements.
c. No modifications to the ground's surface, which affects the storage volume of the detention facility, will be permitted.
d. Fences, walls or plantings that impede, retard or change the flow of water or collect debris carried by such water shall not be permitted.
e. Outdoor storage or material that are buoyant, flammable or explosive will not be permitted.
f. The outlet structure from the facility shall be kept clear at all times.
g. Property owners will be responsible for maintenance of vegetation and any allowed structures not pertaining to stormwater functions within the easements.
h. The homeowners association shall be responsible for enforcement of restrictions within the easements and maintenance of facilities not specifically assigned to any property owners.
i. The property owners shall allow the municipality access to the stormwater management facilities at all times for the purposes of patrol, inspection, maintenance or pest control, if necessary.
j. These restrictions are deemed to be restrictions running with the land and shall be binding on all subsequent lot owners.
28. Each lot owner shall be responsible for weed control from the time of purchase until the time of construction and shall allow no unsightly growth to occur and shall comply with Walker Township's weed control ordinances. The lot owner may establish a vegetable garden, but only in the rear yard.
29. The Developer shall have the right to grant and convey all of its rights to enforce these restrictive covenants, reservations and easements to another person or persons or their nominee. Upon such conveyance and grant, the person or persons or their nominees shall have and shall succeed to all rights and duties with the same power as the original developer.
30. If at some time in the future the Township requires sidewalks, the cost for installation shall be borne by the individual lots owners, their heirs and assigns.
31. The invalidity of any one of these covenants or restrictions by judgment, or Court Order, shall in no way affect the validity of other provisions that shall remain in full force and effect.
32. The covenants and restrictions of this declaration shall run with and bind the land and the owner of each lot subject to this declaration, their respective legal representatives, heirs, successors and assigns.
33. The Developer, its heirs and assigns, shall have the unilateral right to modify or amend any or all of the covenants contained herein without the permission of or prior notice to any of the lot owners.
34. These restrictions and covenants shall remain in full force and effect until December 31, 2041.