FOX SUBDIVISION
(Or “Elegantly Unnamed”)
RED TANK ROAD SOUTH MIDDLETON TOWNSHIP
CUMBERLAND COUNTY, PA.
DECLARATION OF PROPOSED PROTECTIVE COVENANTS
(THE OFFICIAL VERSION OF THESE COVENANTS SHALL BE RECORDED IN THE CUMBERLAND COUNTY COURTHOUSE. THIS DOCUMENT SHALL BE EXHIBIT A WHEN ATTACHED TO AN AGREEMENT OF SALE.)
1. No mobile homes are permitted on any lot in this subdivision at any time, including during residential construction. No trailer, tent, shack, or any other temporary structure shall be erected, placed or maintained upon any part of the property, except that, during the construction of an approved dwelling house, or other structure, a construction trailer or the like may be maintained upon the property. Said structure shall be removed upon the completion of the dwelling, or at the end of one year, whichever date is earlier. At no time shall this structure be used as a residence, either temporarily or permanently.
2. No building shall be erected, placed, or altered on any building lot in this subdivision until complete plans and specifications showing the nature, construction, floor plans, and plot plan showing the location of the building, have been reviewed and approved by the developer, his successors, heirs, or assigns. The developer, his heirs, successors, or assigns, must approve the conformity and harmony of the external design with existing structures in the subdivision, square footage requirements and the location of the building with respect to building setbacks, topography and finished ground elevations. The developer shall act as the committee until such time as developer shall choose to assign said responsibilities. The developer, his successors, or assigns shall have the right to approve or disapprove any such plans that in the developer’s opinion would not enhance the appearance and be in keeping with the surrounding development. One non-returnable copy of the complete plans, (and any amendments), must be submitted to the developer.
3. The developer, his successors, heirs, or assigns, shall have the right to decline to approve any such plans and specifications submitted which are not suitable, or desirable, in their opinion, for aesthetic or other reasons, and they shall have the right in making such determination to take into consideration the suitability to the site of the proposed improvements, the harmony thereof with the surroundings, and the effect of all of the improvements as planned from adjacent or neighboring properties, or from the street. No approvals shall be unreasonably withheld.
4. All residential structures should have a minimum of 1600 square feet of finished living floor area for a single-story residence, 1800 square feet of finished living floor area for a cape cod style residence, and 2000 square feet of finished living area for a two-story residence. Living area shall be considered that exclusive of basements, attics, porches, breezeways, garages, and the like. Minimum livable square footage requirements may be waived by the developer, if in the developer’s opinion the dwelling is of the type that will, by certain architectural characteristics, enhance the general neighborhood, irrespective of the minimum amount of livable square feet.
5. Completely vinyl, aluminum, (or similar material) sided homes that are at the square footage minimums are discouraged. It is suggested that the exterior of these homes fronting the street, should consist of wood or masonry products of some type, whether it be brick, stone, or dryvet, or a combination of the same. Aesthetically pleasing artificial materials, or any other option, must have the expressed written consent of the developer, his heirs, successors, or assigns. No basement area, whether it be block or poured wall, may be exposed, unless covered by one of the above materials, including vinyl or aluminum.
6. Any accessory structure to the principal residence shall be constructed of a substantial material, and will be in keeping with the architectural integrity of the residential structures built within the subdivision. Outbuildings, swimming pools, and the like, shall require developer approval, whether built at the same time as the residence, or later.
7. The character of the wooded lots shall be maintained in a manner harmonious with the nature of the wooded area. No clear cutting shall be permitted.
8. All lot owners shall be subject to The Declaration of Easement of Covenants for Rural Residential Lane and Right-of-Way and Maintenance Agreement, Cumberland County Plat Book Volume , Page .
9. All utility lines servicing any lot in the development shall be buried and placed underground.
10. No junk yards, unlicensed vehicles, or junk cars are permitted on any lot at any time, unless garaged. A junk car or motor vehicle shall mean any motor vehicle that does not have a current Pennsylvania inspection sticker, and for which one cannot be obtained.
11. No lot in this subdivision shall be further subdivided such as to form an additional building lot without prior approval by the developer, his successors or assigns. The developer, his successors, or his assigns, however, specifically reserves the right to re-subdivide any or all of the additional abutting lands owned by developer, or to combine additional lands under the subdivision name and covenants.
12. No excavation or uncompleted structure shall be maintained on any residential building lot in the property for a period in excess of one year from the date when excavation or construction shall have been commenced, unless an extension of time has been requested and granted, in writing, by the developer, his successors heirs, or assigns. In the absence of such written extension, the developer shall have the right to repurchase such lot and the lot owner shall be obliged to re-convey the lot to the developer upon payment by the developer of the original price for which such lot was sold by developer, notwithstanding the extent of such incomplete improvements. No approvals shall be unreasonably withheld.
13. All lots transferred to purchasers by developer shall be maintained in a neat and orderly fashion, prior to construction, as well as after. In the event of transferee’s failure to maintain the lot in a neat and orderly fashion, developer may, after one written notification to owner, have the proper maintenance performed. The lot owner shall then be responsible to the developer for payment for said maintenance. The above shall be subordinate to any ordinance now in effect by South Middleton Township, or as it may be amended. There shall be no dumping or stockpiling of any material, except firewood, on any lot at any time, except during actual construction of the dwelling. During construction, all debris shall be kept contained within the lot, and disposed of on a regular basis. This covenant shall not apply to additional lands owned by developer.
14. The owners of lots containing overland swales, piping, and/or stormwater retention basins shall be responsible for all ownership and maintenance of these stormwater management facilities. These facilities will not be owned and/or maintained by South Middleton Township. The individual lot owner shall be responsible to maintain all stormwater management facilities located on their lot, as shown on the Final Plan of these lots. The maintenance of the driveway culverts and grass-lined swales along any individual lot road frontage shall be the sole responsibility of the owner of the lot on which the facilities are located. All roof drainage, surface waters, water from floor drains or sump pumps, and all other drainage shall be disposed of within the confines of the lot, or in keeping with the stormwater management plan for these lots. The discharge of any such waters onto another lot is strictly prohibited. The maintenance responsibility shall be a recorded covenant running with the deed for each individual lot.
15. No obnoxious, dangerous, or offensive activity of any kind shall be conducted or maintained upon any part of the property. No activity shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become, a nuisance to the neighborhood.
16. Commercial raising of fowl, hogs, or other livestock shall be prohibited. Horses may be kept provided the keeping of same is in accordance with any ordinance in effect, or as it may be amended, by South Middleton Township. Barns, fencing, and any other items associated with the maintenance of horses must be kept in a neat and orderly fashion such as not to become a nuisance, or be unsightly to the neighboring lots. Construction of barns, fencing, and the like must be submitted for approval by the developer as per the terms of paragraph two (2) contained herein. The keeping of horses shall preclude commercial operations.
17. There shall be permitted no commercial dog breeding or boarding operation establishments. Domestic house pets may not be kept, bred or maintained for commercial or business use purposes.
18. No commercial farming shall be permitted on any lot other than that land which is owned by the developer.
19. Lot owners, assuming responsibility for their contractors as well, do hereby agree to abide by all local, state, and federal regulations regarding the use of their property. No lot owner shall drill a well within one hundred (100) feet of any septic system or approved site for same, be it on one’s own property, or an abutting property, unless permission has been granted in writing by the abutting property owner.
20. All earth disturbance and/or construction activities undertaken on any lot on the Final Plan shall be in accordance with, and subject to, an approved Erosion and Sedimentation Control Plan, and performed by a properly permitted “operator” as defined by governing statutes. Developer reserves the right to enter onto any property to correct, repair, or modify any stormwater management system that is not in compliance with regulatory law. Lot owners shall indemnify and hold harmless the developer, his heirs, successors, or assigns from any and all fines, costs, or penalties arising from a breach of these covenants, and shall pay all attorney and/or other fees, fines, costs, and penalties incurred by the developer in enforcing this covenant, or arising from a breach thereof.
21. Developer shall be informed of any intended resale of the lot. Resale may not take place until any and all proper permit transfers, and/or co-permitting, has taken place to the satisfaction of the original developer (Harry H. Fox, Jr.), his heirs, successors, or assigns. This covenant shall reserve the right of the developer to prohibit any resale until proper permitting and transfers has taken place. The obligation of the lot owner to inform developer shall only be necessary while the lot is vacant, or a dwelling is under construction. After construction of the dwelling and final stabilization of the site for Erosion and Sedimentation Plan implementation purposes, it shall no longer be necessary for the lot owner to inform the developer of any resale. The new owner, however, must be informed by the seller that any additional earth disturbing activities will require contacting the original developer for approvals, and to determine if co-permitting, or the like, may be required.
22. All aspects of any plan for any uses, other than single family residential, and consistent with the zoning ordinances of South Middleton Township, shall be completely subject to review and approval by the developer, or his assigns, and may have additional covenants assigned to the proposed use to further protect the integrity of these lots.
23. Violation of any restrictions or provisions in this declaration shall give the developer, his heirs, successors, or assigns, in addition to all other remedies, the right to enter upon the premises upon which such violation exists and summarily abate or remove same, using such force as may reasonably be necessary, at the expense of the owner thereof, and neither the developer, officers, agents, employees, or the like, shall be deemed guilty, or liable of trespass for such entry, abatement, or removal. The owner of said premises agrees to pay to developer, or his duly authorized agents, the costs of such action, (plus reasonable attorney’s fees, where required), and such costs shall be a lien upon the premises, subordinate only to any existing first mortgage.
24 In the event an easement for utilities, or similar necessity, is required by the developer, lot owners agree to permit same, provided said easement is not an unreasonable intrusion of the property or its aesthetics, and the developer returns the property to its original condition as near as is possible. Such an easement shall not be unreasonably requested.
25 In the event of disputes or disagreements in the interpretation or definition of these covenants, the developer shall have the right to render final binding decisions. The above covenants and restrictions shall not apply to the original developer owned lots, but shall become effective upon the sale of each individual lot. The developer, his heirs, successors, or assigns, reserve the right to interpret the meaning of, or to modify, any requirement set forth herein, provided that, in the sole opinion of the developer, his heirs, successors, or assigns, such modification or interpretation is beneficial and/or reasonable.