Nash Creek Estates
Lee County, Alabama
Declaration of Covenants and Restrictions
It is the intent of these covenants and restrictions to assure each Homeowner and Builder that Nash Creek Estates will be developed and constructed as a community of quality homes and buildings that are: of tasteful and aesthetically pleasing architectural design; constructed with long lasting materials and high construction standards; harmonious with surrounding structures and topography; and that have landscaping and other site improvements consistent with aesthetic quality.
The Declaration of Protective Covenants and Restrictions (Covenants) have caused to be created a standing committee called the Architectural Control Committee (ACC) to represent the development of Nash Creek Estates in approval or disapproval of all plans for proposed construction or alterations within the development. The Covenants will grant the ACC discretionary powers regarding the aesthetic impact of design, construction and development including architectural style, colors, textures, materials, landscaping, overall impact on surrounding property, and other aesthetic matters. It is the intent to promote and assure that all improvements are aesthetically compatible with each other, create a discriminating character, and reflect a quality community.
This manual is prepared by the ACC as a guideline for Builders and Homeowners in their selection of concepts for construction within the development. The ACC reserves the right to disapprove any proposed matter for any reason.
The Architectural Control Committee is initially composed of Eric J. Hemberg, Ben Andrews and Randall Adams, developers of Nash Creek Estates, and who shall remain as permanent members. In the event of death or resignation of permanent members of the committee, other property owners, by democratic vote, shall have full authority to designate members of the committee. Neither permanent members of the committee nor their designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. After (4) lots are sold or transferred by owner, the permanent members of the committee may appoint (2) additional members to the committee from lot owners within the subdivision.
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The ACC review process consists of the design review of site plans, house plans, and landscape plans. The owner of each lot shall submit to the Architectural Control Committee (2) sets of complete plans for construction that will include floor plans and elevations of front, rear and sides, height, site location, location with respect to topograghy and finish grade, exterior finish and colors, landscape plans and ground stabilization plans. Floor plans and elevations to be a minimum scale of ¼” = 1’, and site plans to be minimum 1” = 20’. The ACC will approve the style, exterior color of finish and trim work and location of structures on site. One copy of approved plans and specifications will be filed permanently with the ACC.
PART A – RESIDENTIAL AREA COVENANTS
A1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, placed on any lot other than one single family dwelling not to exceed 2 ½ stories in height with a minimum heated floor area of 2,800 sf. Minimum floor areas are exclusive of porches, basements, garages, decks, overhangs and porte cocheres. A private garage, swimming pool, or bathhouse, or outbuilding detached from the main dwelling not to exceed 2,000 square feet in covered area may be constructed, providing it is architecturally compatible with the main dwelling, and that it is approved by the Architectural Control Committee.
The use of contemporary styled siding such as rustic or rough cedar siding, reverse board and batten, T 111 masonite and other press-board siding will not be permitted. The construction of log homes and earthen homes shall not be permitted. The use of southern pine, white pine, cedar, cypress, mahogany and redwood that has been dressed and sized as paint grade will be allowed. No rough or re-sawn wood, regardless of type will be permitted.
From the start of the construction, after receiving approval of the plans and specifications from the Architectural Control Committee, the owner shall have twelve (12) months in which to complete the house. If the Architectural Control Committee fails to approve or disapprove the plans and specifications within thirty (30) days after receipt thereof, the plans and specifications shall be deemed approved. Any substantial changes to the proposed construction, or any additions thereto which might be desired by a lot owner after the initial approval by the committee must be submitted to the committee for its approval or rejection in accordance with a procedure as set forth in this document.
A2. DWELLING SIZE. The Floor area of the main structure exclusive of porches, garages, and basements, shall not be less than 2,800 square feet of heated area. In the case of a two story home and a 2 ½ story, split level, or 1 ½ story, the floor area of the first floor or main floor shall not be less than 2,000 square feet of total heated area exclusive of porches, garages and basements.
A 3. BUILDING LOCATION. No building shall be located on any residential building plot nearer than the building setback line as shown on the recorded plat of said subdivision. In general, this setback line is 100 feet from the center of the street. No building shall be located nearer than 20 feet to an anterior lot line or 40 feet to a rear line. For the purpose of this covenant, eves, steps, and open uncovered terraces shall not be considered as a part of the building. Garages, carports, and outbuildings shall be considered buildings for the purpose of this section.
A 4. LOT AREA AND WIDTH. No lot shall be re-subdivided except to an adjacent property.
A 5. NUISANCE. No obnoxious activity shall be carried on upon any lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
A 6. PROPERTY APPEARANCE. The owners of lots in the subdivision shall keep lots in a presentable condition. In the event an owner fails to comply with this restriction, the Architectural Control Committee may, after ten (10) days written notice by registered mail to the owner’s last known address, cause the lot to be put in a presentable condition. The front yard shall be described to mean the area between the subdivision road and the house, and the rear yard shall be the area between the house and the rear lot boundary line. Boats, campers, trailers, and other items which would deface the property should be parked or placed in a manner so as not to be visible from the street. No lines, poles, or other structures for the purpose of drying or hanging clothes shall be erected or permitted on any lot at any time as to be visible from the street. No concrete blocks, either in buildings or walls, shall be used above ground elevations unless said blocks are covered with brick veneer, stone, stucco, or material previously approved by the Architectural Control Committee. All fuel tanks, gas tanks, or container tanks of any sort shall be placed underground or placed in a structure approved by the Architectural Control Committee. The use of tar paper, asphalt siding, synthetic shingles, or other similar materials on outside walls of any structure is expressly prohibited. Outside materials for pitched roofs shall be asphalt shingles or their equivalent. The minimum pitch of roofs shall be 5 ½
To 12 except the Architectural Control Committee may approve roofs of less pitch in the instances of covered porches, decks, porticos, etc. All gas and electric meters, heat pumps or other heating or gas and electric cooling devices shall be placed to the rear or side of the house and attractively hidden or screened from view. No plumbing vent shall be visible from the front street and no heating vent shall protrude to the front side of any roof. No window air conditioning units shall be installed on the front of any house. Trees or tree limbs may not be used to support any object nor may anything be attached to trees or tree limbs. All waste materials shall be removed from said lot in a prompt and efficient manner. If, during construction, owner’s lot is not kept in a clean and neat condition, upon ten (10) days written notice the Architectural Control Committee shall have the lot cleaned at owners’ expense. All lots and exterior of all improvements shall be maintained in a neat and attractive condition by and at the expense of the owner. The maintenance required hereby shall include, but not be limited to, painting, staining, repairing, replacing and caring for roofs, gutters, downspouts, building services, trees, shrubs, grass, walks, and other exterior.
A 7. TEMPORARY/ACCESSORY STRUCTURES. No mobile home or structure of a temporary character, trailer, basement, tent, shack, barn or garage or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. No garage apartment shall be erected on any lot prior to the completion of a residence on a lot. A garage apartment may be used by a member of owner’s immediate family or, (2.) as guest quarters on a temporary basis with temporary being defined as not to exceed thirty (30) days. The ACC may approve accessory structures such as detached garages, gazebos, guest houses, servant’s quarters, pool houses and the like, that are detached from the main dwelling as long as they are not erected prior to the main residential dwelling, and are not intended to be held for lease. In no event shall a garage apartment be used as rental property. The foregoing restrictions shall not preclude the temporary use of a temporary building by the developer to be used as a sales and construction office.
A 8. SIGNS. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale or rent, or signs used by the builder or developer to advertise the property during construction and sales period. The developer of the subdivision reserves the right to maintain until all lots within the subdivision and any future phases thereof have been sold, signs of any size advertising the subdivision lots and homes for sale.
A 9. HOUSE NUMBERS AND NAMES. House numbers and names on mailboxes shall be consistent and will be professionally lettered. The Architectural Control Committee will provide specifications for numbering and lettering on all mailboxes.
A 10. FENCES AND WALLS. Prior to the construction of any fence or wall, the plans showing material to be used in the construction and type of fence or wall and the location of the fence or wall on the lot must be submitted by the lot owner in writing to the Architectural Control Committee for approval. Fences or walls erected in the rear or side yard shall not be higher than four (4) feet, except fences erected under Section A – 12 and A – 21 may have a height of six (6) feet.
The intent of this provision is to insure that fence structures do not detract from the decorum of the subdivision and only decorative type fencing will be allowed.
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Any fence visible from the subdivision road shall be wood construction and either be painted or stained, or of brick or wrought iron construction. In no event shall chain link or other types of metal fencing be allowed except as what may be approved by the Architectural control Committee under Section A – 12 and A – 21. Approval of size, type of materials, and location of walls that form courtyards and are part of the main structure and provide architectural detail will be governed by the provisions of Section A –1.
A 11. INOPERABLE MOTOR VEHICLES. The pursuit of hobbies or other activities including but not limited to, the assembly and disassembly of motor vehicles or other mechanical devices, which may tend to cause disorderly, unsightly or unkempt conditions shall not be pursued or undertaken on any lot in said subdivision in such a manner as to be visible from the street or from a neighbor’s house or entrance drive. Disorderly, unsightly and unkempt conditions shall be defined exclusively by the Architectural Control Committee. All motor vehicles belonging to or used by anyone occupying the premises shall be maintained in proper operating condition so as not to be a hazard or nuisance by noise, exhaust emissions or appearance. The overnight parking of recreational vehicles shall be in garages or behind screened enclosures, and “on street” regular parking of motor vehicles, boats, campers, trailers or motorcycles is prohibited.
A 12. SWIMMING POOLS. Absent a county, city, or state ordinance dealing with the fencing of swimming pools, the propounders of these covenants and restrictions reserve the right through the Architectural Control Committee to require fencing of swimming pools in accordance with fencing requirements as outlined in these restrictions, and would include the right to install chain link fence in a height not to exceed six (6) feet, if the chain link is coated in dark green or black plastic covering and the coating covers all vertical and horizontal supports in the fencing mesh itself.
A 13. ANTENNAS. Exterior antennas of any type including television, radio, or satellite dish antennas must be positioned so as no to be visible from the street.
A 14. CARPORTS AND GARAGES. No carport or garage shall be placed in such a manner that the open area thereof faces the public road on which the lot faces. Front entry garages equipped with electronic door closers to enclose the garage area will be allowed only at the discretion of the ACC.
A 15. DRIVEWAYS. All driveways shall be a minimum of ten (10) feet in width and shall be paved the entire width and length of the driveway to the house constructed on the property. The driveway shall be constructed of concrete or asphalt and shall not be closer than ten (10) feet to any property line at any time. The property owner shall install Reinforced Concrete drain pipe with concrete slope paved headwalls under drives to cross drainage swales on the shoulder of the main roadway. Diameter of the pipe shall be a minimum of eighteen (18) inches. It is the responsibility of the property owner to insure adequate drainage above and below the driveway pipe.
A 16. SEWAGE DISPOSAL. No individual sewage disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards, and recommendations of the Alabama Department of Public Health. Approval of such systems as installed shall be obtained from such authorities.
A 17. GARBAGE AND REFUSE DISPOASAL. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste, and such material shall not be kept on any lot except in sanitary containers. All equipment for the disposal of such material shall be kept in a clean, sanitary condition, and shall be kept to the rear of the house.
A 18. EASEMENTS. No lot owner may grant an easement to a third party over any lot in said subdivision. Easements for installation, repair, and maintenance of utilities, including (but not limited to) storm drains, are reserved over the rear ten (10) feet of lots and over a strip of land five (5) feet in width along the sideline, as may or may not be shown on the recorded plat. The right is also reserved by the developer to prepare sloping banks, cut and fill, on a 3 to 1 slope, on all streets and roads. Drainage flows shall not be obstructed nor be diverted from drainage swales, and/or utility easements as designated herein or as may appear on any plat of record.
No person shall be liable for damages to any planting, tree, structure, or building occurring in the installation, repair and maintenance of utilities in the easements reserved.
A 19. STREET SURFACES. Anything contained herein to the contrary not withstanding, the undersigned or the commission of “City of Auburn” may at any time raise or lower the street surfaces to conform with the grades established by the county engineer and such action on the part of the undersigned or the county shall in no way be considered as a claim against the undersigned or the county, for damages to abutting property.
A 20. UTILITY BUILDINGS. Utility Buildings or greenhouses may be erected on the rear half of the lot in accordance with paragraph A7. Only utility buildings or greenhouses which maintain and complement the architectural style of the house situated on the lot will be approved. Commercial metal utility buildings will not be allowed.
A 21. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs or cats or any other household pets may be kept provided that they are not kept, bred, raised, or maintained for any commercial purpose and further provided that they shall be confined within the boundaries of the lot and not allowed to roam unleashed in the subdivision. Property owners will be responsible for the maintenance and upkeep of any area used for keeping animals, including the regular cleaning out and removal of any waste material.
A 22. OCCUPANCY. No house shall be occupied until it is completely finished on the exterior in accordance with the plans approved by the Architectural Control Committee.
A 23. FRONT YARD STABILIZATION. The installation of sod grass or approved landscaping as provided for in Section A1 shall be required in a minimum between the street and the natural tree line (approximately (15) feet) .
Trees larger than eight (8) inches that are within forty (40) feet of the street must be tagged, and approval for cutting must be obtained by the Architectural Control Committee. The Architectural Control Committee shall approve the type grass to be planted so that there is consistent type of grass throughout the subdivision, subject to soil and sunlight requirements.
PART B – DRAINAGE WAYS
B1. Drainage ways are established extending ten (10) feet on both sides of all exterior lot lines dividing the lots in the subdivision, and either the developer or any adjacent lot owners, their agents or employees, may enter upon such drainage ways at reasonable times when necessary for the sole purpose of improving or maintaining said drainage ways to insure the adequate drainage of surface water within the subdivision. No lot owner shall cause, suffer, or permit any such drainage ways to become obstructed in such manner as to cause an unusual overflow of surface water onto any adjacent property.
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PART C GENERAL PROVISIONS
C1. TERM. These 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 a majority of the then owners of the lots have been recorded agreeing to change said covenants in whole or in part.
C2. ENFORCEMENT. Enforcement shall be proceedings at law or equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. If after 60 days of written notice of violations of these covenants from the ACC owners have not taken action to remedy, the ACC reserves the right to take its own action to remedy any situation that violates the covenants at the expense of the property owner responsible for the violation. The ACC reserves the right to place liens on property until expenses for remedial work are recovered from property owners.
C3. SEVERABILITY. In validation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
In witness whereof, the undersigned owner of the certain tract of land located in the development of Nash Creek Estates described and identified according to the attached plat hereby agrees to the Declaration of Covenants and Restrictions as stated herein, and acting by and through his duly elected officers has hereunto set its hand and affixed seal this day of 2006.
Signature of Buyer
Printed name of Buyer
Signature of authorized member of Nash Creek Development
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