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Protective Covenants for
Sandy Bay Highlands Subdivision
No. 1
(Updated in August, 2004)
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Covenants
WHEREAS, THE
COMMUNITY DEVELOPMENT AUTHORITY (hereinafter known
as the "CDA") being the owner and developer of
certain lands in the City of Two Rivers known as the
REPLAT OF SANDY BAY HIGHLANDS SUBDIVISION NO. 1
(herein after known as the "Subdivision"), located
in the Southeast 1/4 of the Northwest 1/4 and in the
Northeast 1/4 of the Southwest 1/4 of Section 31,
Township 20 North, Range 25 East, City of Two
Rivers, Manitowoc County, Wisconsin; and
WHEREAS, the CDA
intends that the Subdivision be developed and
maintained in accordance with protective covenants
to create an attractive residential neighborhood and
to expand, preserve and protect the resulting tax
base;
NOW THEREFORE,
the CDA adopts these protective covenants and hereby
declares that all residential lots in the
Subdivision shall be used, held, transferred, sold
and conveyed subject to the conditions,
restrictions, covenants and easements hereinafter
set forth, which shall run with the land, and shall
be binding on all parties having any right, title
and interest in any lot in the Subdivision, and
these covenants shall apply to and bind their
successors in interest, and any owner thereof.
1. DEFINITION
OF TERMS
a. "Architectural Control Committee (ACC)" shall
initially consist of three City staff members, one
Plan Commissioner and one CDA member for Phase 1.
These members shall be appointed by the City
Council. After nineteen (19) lots in the
Subdivision are sold the committee shall consist
of three property owners elected by the property
owners within the Subdivision.
b. "Attached"
shall mean incorporated into the primary dwelling
structure with at least one common wall.
c. "Basement"
shall mean the area under the first floor of the
dwelling.
d. "City"
shall mean the City of Two Rivers.
e. "Developer"
shall mean the CDA.
f. "Family"
shall mean one or more than one person living,
sleeping, cooking or eating on premises as a
single housekeeping unit, and shall exclude a
group or groups of persons where three or more
persons thereof are not household employees or
related by blood, adoption or marriage
g. "Lot" shall
mean each individual lot as described in the
Subdivision recorded in the office of the Register
of Deeds of Manitowoc County.
h. "Property
Owner" shall mean the private property owner of
lots within the Subdivision.
i. "Recreation
Vehicle" shall mean a vehicular-type unit
primarily designed as temporary living quarters
for recreational, camping, or travel use which
either has its own motive power or is mounted on
or drawn by another vehicle. This includes:
travel trailers, camping trailers, truck campers
and motor homes.
j. "Structure"
shall mean and include, but not to be limited to,
buildings, walls, fences, swimming pools, tennis
courts, storage and any other similar items, the
construction of which may not necessarily require
a permit.
k. "Temporary"
shall mean a measure of time not to exceed one
week (seven days).
l. "Wetlands"
shall mean those wetlands as delineated on the
Subdivision plat.
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2. MINIMUM DEVELOPMENT CONDITIONS
a. All lot
purchasers shall, within twenty-four (24) months
of the date of purchase, commence construction of
a dwelling in accord with the terms of these
covenants and the Municipal Building and Zoning
Codes.
b. Should a
purchaser fail to perform this condition within
the specified time the CDA shall within ninety
(90) days after the termination of said period
either grant an extension of time mutually
agreeable to both parties and set forth in writing
or, upon written notice to the purchaser, have the
option to repurchase said property for an amount
equal to the purchase price paid by the purchaser
plus the depreciated cost of any improvements of
value made to or on the land by the purchaser.
Should such option be exercised, conveyance of the
property shall be by warranty deed free and clear
of all encumbrances created by act of default of
the purchaser.
3. LAND USE AND
BUILDING TYPE
a. Lots in
this Subdivision shall be used for single family
residential use in accord with City Zoning
regulations. No structure shall hereafter be
erected, moved or placed on any lot other than a
residential dwelling not to exceed two and
one-half stories (2-1/2) nor thirty-five (35) feet
in height on the front elevation. Each home shall
be built with an attached private garage for at
least two (2) vehicles. Attached garages may be
larger, however, not more than three (3) garage
doors may face a public street. Other accessory
buildings incidental to the residential use of the
premises may be constructed as provided in
Paragraph 3(d) herein.
b. No existing
dwelling or other structure heretofore erected and
situated upon land outside of the Subdivision may
be moved onto any parcel of land within the
Subdivision without the written approval of the
ACC as hereinafter designated.
c. The
exterior (excluding roof) of any principal
residence shall be either wood, stone, brick, or
aluminum, vinyl or horizontal steel siding. Other
siding materials may be approved in writing by the
ACC. At least 25 percent of the front of each
residence shall be brick, stone or cedar. A
minimum roof pitch of 6/12 shall be on at least 50
percent of the building.
d. A maximum
of one (1) detached accessory building not
exceeding two hundred eighty-eight (288) square
feet may be constructed on a lot, and such
accessory building shall be located only in rear
yards, and shall be located in accord with setback
requirements as specified in the City’s Zoning
Code. Detached accessory buildings shall be
constructed of similar exterior material(s) and
color(s) as the principal residence, to harmonize
therewith. Approval of the ACC is required for
detached accessory buildings.
e. No kennel
or dog run (defined as an above-ground enclosure,
typically constructed of chain link fencing, for
use by a dog or dogs owned by the occupants of
the residential property, as opposed to a
commercial kennel facility, which would be
prohibited by City zoning and these covenants),
will be permitted within 20 feet of any lot line;
provided, however, that such structures shall not
count toward the limit of one detached accessory
building.
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4. BUILDING PLANS
Dwellings
located in the Subdivision shall not be erected,
placed or altered on any lot until the
construction plans and specifications, including a
site plan showing the location of the proposed
structure, have been approved by the ACC. The
Committee shall review the complete plans with
color schematic relative to exterior materials,
harmony of exterior design with existing
structures, compliance with these covenants, and
relationship to existing topography and grade
elevations of nearby lots. Approval shall be as
provided in Paragraph 19 hereof. The Committee’s
action to approve, reject or approve with
conditions shall be rendered not more than
fourteen (14) days from the date of receipt of
said complete plans. If the Committee fails to
act within the fourteen (14) day period, the
completed plans shall be considered approved and
no further action by the Committee is necessary.
Note: The ACC
will be considered a public body for purposes of
Wisconsin Open Meetings Law compliance and
compliance with other applicable State Law, for so
long as it is comprised of City appointees.
5. BUILDING SIZE, TYPE AND FEATURES
Dwellings
constructed in the Subdivision shall be single
family residences. Dwellings constructed on lots 1
and 2 of Block 1, lots 3 through 10 of Block 2,
and all lots of Block 3 shall contain the
following living area, measured along the outside
perimeter of the building, exclusive of porches,
attached garages, basements, bays, patios and
breezeways:
a. Not less
than one thousand five hundred (1,500) square
feet for a one-story building.
b. On the
first floor of a two-story dwelling or one and
one-half story building, not less than one
thousand (1,000) square feet, and a total minimum
of one thousand, eight hundred (1,800) square feet
in the building.
c. Not less
than one thousand eight hundred (1,800) square
feet for the combined area of all floors of a
multi-level building of the design commonly known
and described as a "split-level.”
Dwellings
constructed on lots 3, 4, and 5 of Block 1 and
lots 1 and 2 of Block 2 shall contain the
following living area, measured along the outside
perimeter of the building, exclusive of porches,
attached garages, basements, bays, patios and
breezeways:
a. Not less
than 1,700 square feet for a one-story building
b. On the
first floor of a two-story dwelling or one and
one-half story building, not less than one
thousand (1,000) square feet, and a total minimum
of two thousand square feet in the building.
c. Not less
than two thousand (2,000) square feet for the
combined area of all floors of a multi-level
building of the design commonly known and
described as a “split level.”
All dwellings
constructed in the Subdivision shall incorporate
the following features:
a. Direct
access between the dwelling and the attached
garage.
b. Sump pump
discharges shall be connected to a public storm
sewer.
All plans
submitted for consideration and approval by the
ACC shall state with specificity the square
footage of the exterior measurement for each floor
so that compliance with the above requirements can
be easily verified.
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6. BUILDING COMPLETION, LOT GRADING AND
LANDSCAPING
a. No
structure shall remain uncompleted for more than
two (2) years from the date of permit issuance.
Within nine (9) months of the date of completion
or occupancy, whichever is earlier, any wood
surface exposed on the exterior of the building
shall be sealed, stained or painted.
b. Each lot
shall be graded to comply with the City’s Master
Site Grading Plan, and drainage patterns shall be
maintained in accord with said plan. Rough
grading of the surface of any parcel of land in
said Subdivision, upon which any building shall be
constructed, shall be completed before said
building may be occupied, except that in the case
of construction commenced after September 1st,
rough grading must be completed within forty (40)
days after ground has thawed or prior to
occupancy, unless extended in writing by the City
Engineer.
c. Unless
extended in writing by the Developer, within three
(3) growing season months, defined as the months
of May through October, from date of completion or
occupancy, whichever occurs first, for any
building on a lot within the Subdivision, the
surface of such lot shall be final graded to meet
existing grade requirements, and the lawn area of
such lot (which shall include the area between the
street right-of-way and street curb) shall be
seeded or sodded by the lot owner, at his
expense.
d. Front yard
and street side yards shall be landscaped with
turf grass plus two (2) complementing trees of
minimum 1 ˝ inch diameter at time of planting in
the front yard, shrubs and flowers, excepting wild
grasses and natural plantings and noxious weeds.
7. MAINTENANCE OF ROADWAY AND ADJOINING
PROPERTY
It shall be
the responsibility of each lot owner to repair any
damage to and remove any debris from the roadway
of said Subdivision caused by the owner’s general
contractor or subcontractors. Each lot buyer must
use only their lot for construction purposes; and
damage to adjoining lots by construction trucks or
equipment will be charged to the lot buyer for
whom construction trucks or equipment that caused
such damage were working.
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8. DRIVEWAYS AND
APPROACHES
The property
owner shall install a hard surface driveway within
nine (9) months after final inspection by the
City’s Building Inspections Department. Such
driveway shall be concrete, asphalt, brick pavers
or a combination thereof.
Where improved
lots exist at the time of curb and gutter
installation, a hard surface driveway consisting
of concrete, asphalt or brick pavers shall be
installed from the dwelling to the street curb and
gutter.
Lots improved
after curb and gutter have been installed shall be
of the same design as stated above and be the
responsibility of the owner. Installation shall
take place no later than nine (9) months after
final inspection by the City’s Building
Inspections Department.
9. FENCES
Fences may be
allowed in accord with the applicable sections of
the City code related thereto except that the good
side shall be to the outside and no fence shall be
installed in any street setback. No wire fences,
chain link fences except for dog kennels, nor wood
nor plastic snow fences will be allowed in the
subdivision.
10. OUTSIDE STORAGE
a. Snowmobiles,
motorcycles, all-terrain vehicles, or trailers shall
not be stored outside and unhoused on the premises,
except for a temporary period not to exceed one (1)
week. Boats and recreational vehicles over seven
(7) feet in height may be parked in the interior
side yard or rear yard provided they are screened
from public view by appropriate fencing and or
landscaping.
b. The outside
storage or parking of commercial vehicles 10,000
lbs. GVW, or larger, is expressly prohibited and any
such vehicle must be housed in a garage.
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11. OPERATION OF OFF-ROAD VEHICLES
The operation
within the Subdivision of all-terrain vehicles,
snowmobiles, dirt bikes or other motorized off-road
vehicles is expressly prohibited, except that such
vehicles may be operated for the purpose of moving
them onto trailers for purposes of transport.
12. EASEMENTS
No permanent
building or structure shall occupy any of the area
dedicated upon the plat for public utility or
drainage easements. Plantings within the utility
easement are not allowed, and are subject to removal
upon determination by the utility holding easement
rights. Any costs related to the removal or
replacement of plantings in easements shall not be
the responsibility of the utility and shall be paid
for by the affected property owner(s).
13. ANTENNAS AND SATELLITE DISHES
No external
television antenna shall be erected without the
prior approval of the ACC. Satellite dishes not
larger than eighteen (18) inches in diameter may be
installed without approval of the ACC. A satellite
dish larger than eighteen (18) inches shall require
approval of the ACC. No more than one such
satellite dish shall be placed on a lot.
14. MAINTENANCE
Each owner of
a lot shall maintain at his own expense:
buildings, improvements and landscaping in good
repair and a clean condition, including without
limitation, the mowing of lawns, trimming of
plants, re-painting and repair of structures,
repairing of drive and walk surfaces and such
other measures so as to maintain a clean and
orderly environment . There shall be no brush
piles, trash or unnatural accumulations of debris
stored, accumulated or located on the parcels
herein described.
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15. NUISANCE
No noxious or
offensive 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. No noxious odors shall be permitted
to escape from any residence, lot or building site
and no activity which is, or may become a
nuisance, or which creates unusually loud sounds
or noises shall be permitted at or on any
residence, lot or building site. Trash, garbage
or other wastes shall not be kept except in a
sanitary container which shall be properly
screened from public view.
16. FIREWOOD
Firewood may
be stacked in the rear yard and shall be screened
from public view.
17. SIGNS
No sign of any
kind, other than the following signs, installed
and maintained in accordance with provisions of
the City’s Zoning Ordinance, shall be permitted in
the Subdivision:
a.
Construction and Alteration Signs
b. Home
Occupation Signs
c. Public or
Government Signs
d. Real
Estate Sales Signs
e.
Neighborhood Identification Signs
f.
Subdivision Development Signs
g. House
Numbers and Name Plates
h. Temporary
Rummage or Garage Sale Signs, or “for sale” signs
placed on motor vehicles or other items of
personal property located on the lot
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18. ANIMALS
No animals,
livestock, pigeons 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 any
commercial purpose. Such household pets shall be
contained on the premises of the owner thereof.
19. ARCHITECTURAL CONTROL COMMITTEE
(ACC)
a. MEMBERSHIP
The authority
and functions of the ACC shall be lodged in and
exercised by the CDA until such time as the CDA
owns no more than three (3) lots. These
restrictive covenants and landscaping regulations
shall remain in full force and effect for a period
of ten (10) years from the recording of this
instrument and thereafter may be amended or
repealed in whole or in part by two-thirds (2/3)
or more of the owners of all lots described in the
Subdivision plat.
b. PROCEDURES
AND JURISDICTION ON MATTERS COMING BEFORE THE ACC
The vote of
the majority of the members of the ACC shall be
the controlling vote and shall be construed to be
the vote of the entire committee. The committee’s
approval or disapproval as required in these
covenants shall be in writing. In the event the
committee or its designated representative fails
to approve or disapprove within fourteen (14)
days after two (2) identical sets of complete
plans and specifications have been submitted to
it, approval will be deemed to have been obtained
insofar as required by Paragraph 3 hereof only;
all other provisions of these restrictions to have
full force and effect. Action by said committee
shall be final and conclusive as to persons then
or thereafter owning lands in said Subdivision.
The ACC shall have exclusive jurisdiction to
determine whether the area requirements of a
one-story building, two-story building or
multi-story building apply to a particular
proposed structure. Any such action by such
committee shall be final and conclusive. The
approval of the ACC as set forth above does not
relieve any lot owner of the additional
requirements imposed by the City or any
subdivisions thereof or the State of Wisconsin or
any subdivisions thereof. All lot owners must
obtain any permits, approvals, licenses and
related permissions from the City and ACC. All
lots in this Subdivision shall also be subject to
all ordinances, zoning laws, and other
restrictions of the City, Manitowoc County and the
State of Wisconsin that may be applicable thereto
as set forth hereafter in Paragraph 20 and any
other governmental authority.
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20. DURATION AND ENFORCEMENT
a. The
restrictions herein contained shall be deemed to be
covenants running with the land and shall be binding
on all parties and persons having an interest in the
land affected hereby for a period of ten (10) years
from the date these Protective Covenants shall be
recorded, after which time these Protective
Covenants shall be automatically extended for
successive periods of five (5) years unless an
instrument signed by the owners of a majority of
lots has been recorded changing said covenants in
whole or in part or reducing the term. The
restrictions and covenants herein contained may be
enforced by proceedings at law or in equity against
any person or persons violating or attempting to
violate the same.
b. The CDA, the
City, and/or the ACC shall have authority to
maintain an action for enforcement of these
restrictions and covenants so long as the CDA or
City owns at least three (3) lots or parcels within
the subject Subdivision.
c. No action
shall be commenced to enforce such restrictions or
restrain the violation thereof unless such action is
commenced within one (1) year after the completion
of the building, or within one (1) year after the
completion of the improvements, addition,
modification, or conditions that forms the basis of
the complaint. Invalidity of any of the
restrictions, limitations or covenants contained in
these Protective Covenants by any Court Judgement or
Court Order shall in no way affect any of the
provisions contained herein which have not been
specifically found invalid, and all other such
provisions shall remain in full force and effect.
d. Any person
determined to have violated these protective
covenants shall be liable for all costs of
enforcement, including reasonable, actual attorney
fees to the person or persons incurring same.
21. LOCAL ORDINANCES AND OTHER
REGULATIONS
Not withstanding
any provision to the contrary all lots shall be
subject to all ordinances, zoning laws and other
restrictions of the City.
22. AMENDMENTS
Any of the
foregoing restrictions, protections, covenants,
charges or provisions may be annulled, waived,
changed, modified or amended at any time by written
declaration setting forth such annulment, waiver,
change, modification or amendment, executed by the
owners of at least fourteen (14) lots, and with the
consent of the CDA and the City as long as the CDA
or City shall own any of the land in the
Subdivision.
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