Restrictive Covenants for River Élan Subdivision
Section 1.
Use of Lots.
All lots shall be used for single family residential purposes exclusively. No business or business activity shall be carried
on or upon any
Section 2.
Signs. No
sign of any kind shall be displayed by an Owner or Occupant within the
Community except: (a) such signs may be required by legal proceedings: and (b)
not more than one “For Sale” sign consistent with the Community-Wide Standard
having a maximum area of four (4) square feet.
Section 3.
Vehicles. The
term “vehicle” as used herein shall include, without limitation, motor homes,
boats, trailers, motorcycles, minibikes, scooters,
go-carts, trucks, campers, buses, vans and automobiles. All vehicles must be parked within garages,
driveways, and/or other paved parking areas.
Any recreational vehicles, large trucks, large vans, trailers or buses
parked on any Lot shall not be visible from any street. No commercial vehicles, as defined by the
Georgia Department of Transportation as any vehicle with a Gross Vehicle Weight
of more than 26,001 pounds; may be stored or parked on any Lot except while
engaged in transporting to and from a residence in the subdivision. Vehicles depicting a logo or company name
shall be permitted provided: (a) they are not in violation of the above-defined
standards; (b) should the logo or company name be removed, the vehicle would be
non-descriptive from any other privately owned vehicle; and (c) vehicle has no
exterior racks of any kind. Parking on
streets or in yards within Development is prohibited. Lot owners’ visitors may temporarily park on
the street as long as the parked vehicle is not offensive to other property
owners in the subdivision and does not hinder other property owners’ access to
their driveways. Motorcycles and
motorized all terrain vehicles are hereby prohibited from use on the property,
whether the property is developed with final platted Lots or undeveloped.
Section 4.
Animals
and Pets. No animals, livestock, or poultry of any
kind may be raised, bred, kept, or permitted on any Lot, with the exception of
dogs, cats, or other usual and common household pets in reasonable number. However, those pets which are permitted to
roam free, or endanger the health, make objectionable noise, or constitute a
nuisance or inconvenience to the Owners of other Lots or the owner of any
property adjacent to the Community may be removed by the Association. No pets shall be kept, bred or maintained for
any commercial purpose. Dogs that are
household pets shall at all times, whenever they are outside a Lot, be
contained on a leash. Without prejudice
to the Association’s right to remove any such household pets, no household pet
that has caused damage or injury may be walked in the Community.
Section 5.
Nuisance. It
shall be the responsibility of each Owner and Occupant to prevent the
development of any unclean, unhealthy, unsightly, or unkempt condition of his
or her Lot. No Lot shall be used, in
whole or in part, for the storage of any property or thing that will cause such
Lot to appear to be in an unclean or untidy condition or that will be obnoxious
to the eye; nor shall any substance, thing, or material be kept upon any Lot
that will emit foul or obnoxious odors or that will cause any noise or other
condition that will or might disturb the peace, quiet, safety, comfort or
serenity of the occupants of surrounding property. No noxious or offensive activity shall be
carried on upon any Lot, nor shall anything be done thereon tending to cause
embarrassment, discomfort, annoyance, or nuisance to any Person using property
adjacent to the Lot. There shall not be
maintained any plants or animals or device or thing of any sort whose
activities or existence in any way is noxious, dangerous, unsightly,
unpleasant, or of a nature as may diminish or destroy the enjoyment of the
Community. Without limiting the
generality of the foregoing, no speaker,
horn, whistle, siren, bell, amplifier or other sound device, except such
devices as may be used exclusively for security purposes, shell be located,
installed or maintained upon the exterior of any Lot unless required by Law.
Section 6.
Unsightly
or Unkempt Conditions. The pursuit of hobbies or other
activities, including specifically, without limiting the generality of the
foregoing, the assembly and disassembly of motor vehicles and other mechanical
devices, which might tend to cause disorderly, unsightly, or unkempt
conditions, shall not be pursued or undertaken in any part of the Community.
Section 7.
Standards.
No exterior construction, alteration, addition, or structure of any
nature whatsoever (including, without limitation, fences, pools, tennis courts,
exterior lighting, treehouses and play equipment)
shall be commenced or placed upon any part of the Community, except such as
approved by the Association, or as is approved in accordance with this Section,
or as is otherwise expressly permitted herein.
No exterior construction, addition, structure, or alteration shall
be made unless and until the plans and specifications showing the nature,
kind, shape, height, materials, and location shall have been submitted in
writing and approved by the Association. The
Association may promulgate additional written guidelines for
the exercise of this review.
Section 8. Antennas. Exterior antennas, including without limitation, satellite dishes shall be allowed upon any Lot only as follows:
(a)
To the
extent that reception is not substantially degraded or costs unreasonably
increased, all such antennas and satellite dishes shall be shielded from view
from any street to the maximum extent possible, shall be painted to match the
background, and placement shall be made in the following order of preference:
1.
Inside
the structure of the house not visible from any street;
2.
The
backyard not visible from any street;
3.
The back
rooftop not visible from any street;
4.
The side
yard
5.
The
front rooftop; and
6.
The
front yard.
(b)
Only if
no other placement allows for the line of sight connection to a satellite or
other transmitting resource shall placement in the front yard or on the front
roof of any structure visible from any street or elevated above ground level
mounting visible from a street be allowed.
(c)
If more
than one location on the property allows for adequate reception, the order of
preference described in paragraph (a) herein shall be used and the least
obtrusive site shall be selected.
(d)
No Site
shall interfere unreasonably with the use of any adjoining Lot or common
property.
(e)
The Lot
owner shall deliver to the Association a statement signed by the Owner and by the
Installer of any antenna or satellite dish that he or she has checked the
locations set forth in paragraph (a).
(f)
To the
extent not prohibited by Federal Communications Commission rule, approval of
the location, height, materials and other features regarding the appearance of
any antenna or satellite dish shall be submitted for approval in accordance
with Section 7 of the covenants.
(g)
Invalidation
or unenforceability of any provision of this Section, or the application to any
person or circumstances by court order otherwise shall in no way affect any of
the other provisions of this Section, or the enforceability thereof, or the
application thereof to any other person or circumstance and the same shall
remain in full force and effect.
Section 9.
Landscaping,
Gardens, Etc. Grass, ornamental plants and shrubbery
(and only the foregoing) may be planted in the front or side yard of any Lot. All landscaping must be attractively
maintained. All other planting,
including gardens, must be placed in the rear of the home and not be visible
from the street. Overseeding
of lawns shall not require prior approval pursuant to this Section. No hammocks, statuary, or recreational
equipment may be placed, erected, allowed or maintained upon the front or side
yard of any Lot without the prior written consent of the Association. Basketball goals may be installed after the
type and location has been previously approved in writing by the Association .
Section 10.
Tree
Removal. No trees which are left on the Lot
at closing shall be removed without the express consent of the Association , except for (a) diseased or dead trees; and (b) trees needing to be
removed to promote the growth of other trees.
No stumps may be left above ground level on any Lot.
Section 11.
Lighting. The
following lighting may be installed without the necessity of obtaining prior
approval from the Association : (a) seasonal decorative lights
during the Christmas season; (b) illumination of other than the front or side
yards of a Lot; (c) illumination of model homes and entrance features
constructed by the Association; and (d) other lighting originally installed by
the Association. Plans for all other
exterior lighting must be submitted in writing and approved in accordance with
Section 9. Only decorative post lights
in conformity with established street lighting shall be approved.
Section 12.
Drainage. Catch basins and drainage
areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in
these areas. No Owner or Occupant of
any Lot may obstruct or rechannel the drainage flows
after location and installation of drainage swales, storm sewers, or storm
drains. Rights exercised pursuant to
such reserved easement shall be exercised with a minimum of interference to
the quiet enjoyment of affected property, reasonable steps shall be taken
to protect such property, and damage shall be repaired by the Person causing
the damage at its sole expense.
Section 13. Sight Distance at Intersections. All property located at street
intersections shall be so landscaped as to permit safe sight across the street
corners. No fence, wall, hedge, or shrub
planting shall be placed or permitted to remain at any corner where this would
create a traffic or sight problem.
The following guidelines shall apply:
(a)
No
temporary house, shack, tent or trailer shall be erected on any Lot;
(b)
No
Residence shall be erected on any Lot to have less than 1400 square feet of
indoor heated area. No mobile homes or
double wide manufactured homes shall be allowed.
(c) Except for and during construction process, no accumulation of discarded personal effects, debris, waste garbage, or other unsightly objects or matter will be permitted on any Lot. All garbage cans shall be concealed from view of the street and neighboring property;
(d)
Exterior
of houses shall be of hardboard siding, brick veneer, stucco, vinyl or
comparable. No exposed concrete blocks
an any sides;
(e)
No
overhead utility lines, including lines for cable television, shall be
permitted on any Lot, except for temporary lines as required during
construction and lines installed by or at the request of the Association;
(f)
No
window air conditioning units may be installed that are visible to the street
or neighboring property;
(g) No swimming pool or above ground pool shall be constructed, erected or maintained upon any Lot without prior consent of the Association;
(h)
The lawn
of each lot between the front dwelling line and the street must be seeded with
a lawn grass approved by the Association
(i)
All
mailboxes located on Lots shall be of a similar style approved by the Association
and shall be maintained in good state of repair; and shall remain the uniform
color of all other mailboxes in subdivision.
(j)
No
residences shall be erected on any Lot without a double garage;
(k)
No
statue or statuary (concrete/cement figures, birdbaths, etc.) of any type is
permitted.
The Association shall be the sole arbiter of such plans and may withhold approval for any reason, including purely aesthetic considerations, ant it shall be entitled to stop any construction in violations of these restrictions. The Association s shall have the right, during reasonable hours, to enter upon any Lot to inspect any Lot and any improvements thereon for the purpose of ascertaining whether or not these restrictive covenants have been or are being complied with. Such person or persons shall not be deemed guilty of trespass by reason of such entry. In the event the Association fails to approve or to disapprove such design and location within sixty (60) days after the plans and specifications have been submitted, approval will not be required and this Section will be deemed to have been fully complied with.
All activities commenced pursuant to plans which have been deemed approved shall be consistent with such plans. As a condition of approval under this Section, each Owner, on behalf of such Owner and such Owner’s successors-in-interest, shall assume all responsibilities for maintenance, repair, replacement, and insurance to and on any change, modification, addition, or alteration. In the discretion of the Association , an Owner may be made to verify such condition of approval by a recordable written instrument acknowledged by such Owner on behalf of such Owner and such Owner’s successors-in-interest.
PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS. BY APPROVING SUCH PLANS AND SPECIFICATIONS, NEITHER THE Association ASSUMES LIABILITY OR RESPONSIBILITY THEREFORE, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER THE Association, HIS DESIGNEE, EMPLOYEES, OR AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL OR TO ANY NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS AND SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH EMPLOYEES, OR AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENTANTS NOT TO SUE FOR ALL CLAIMES, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGEMENT, NEGLIGENCE OR NONFEASANCE AND HERERBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN.
Section 14. Clotheslines, Garbage Cans, Woodpiles, Etc. All clotheslines, garbage cans, wood piles, and other similar items shall be located or screened so as to be concealed from view of neighboring Lots, streets, and property located adjacent to the Lot. All rubbish, trash, and garbage shall be regularly removed from the Lot and shall not be allowed to accumulate therein.
Section 15. Subdivision of Lots. No lot shall be subdivided or its boundary lines changed except with the prior written approval of the Association or his designee. Association, however, hereby expressly reserves the right to replat any Lot(s) or other property in the Community. Any such Division, boundary line change, or replatting shall not be in violation of the applicable subdivision and zoning regulations.
Section 16. Guns. The use of firearms in the Community is prohibited. The term “firearms” includes “B-B” guns, pellet guns and small firearms of all types.
Section 17. Solar Devices. No artificial or man-made device which is designed or used for collection of or heating by solar energy or other similar purposes shall be placed, allowed, or maintained upon any portion of the Community, including any Lot, without the prior written consent of the Association .
Section 18. Fences. No fence or fencing type barrier of any kind shall be placed, erected, allowed, or maintained upon any portion of the Community, including any Lot, without the prior written consent of the Association. The Association may issue guidelines detailing acceptable fence styles or specifications.
Section 19. Exterior Colors. The exterior of all improvements including, without limitation, residences, constructed, erected, allowed, or maintained upon any Lot must be painted or repainted in a color used by the Association in the original construction and marketing of residences within the Community or in a color approved by the Association or is designee.
Section 20. Detached Structures. No detached structures shall be placed, erected, allowed, or maintained upon any Lot without the prior written consent of the Association . All detached structures must be consistend in design materials and color with the dwelling on the Lot.
Section 21. Entry Features and Street Signs. Owners shall not alter, remove, or add any improvements to any entry features or street signs on any Lot, or any part of any easement area associated therewith without the prior written consent of the Association .
Section 22. Enforcement. Violations or attempted violations on the part of any Owner or the heirs, administrators, executors or assigns of any Owner during the term of these restrictions shall afford any other person, or persons owning a Lot or Lots in said subdivision a right of action at law or in equity against the person or persons violating or attempting to violate the covenants, either to restrain violations or to recover damage or both.
Section 23. Indemnify. The failure by the Association to enforce any restriction, condition, covenant or agreement herein contained shall in no event be deemed a waiver of the right to do so hereafter as to the same breach or as to occurring prior or subsequent thereto, nor shall such failure give rise to any claim or cause of action against the Association.
Section 24. Severability. Invalidation of any one or more of these covenants by a judgement of any court having jurisdiction of the subject shall in no way affect any of the other provisions herein contained, and such other provisions and protective covenants shall remain in full force and effect.
Section 25. Amendments. The Association or his assigns may amend these covenants from time to time as deemed necessary. Such amendments shall take effect when executed by the Association or his assigns and filed in the proper office of records.
Section 26. Expiration. These covenants shall run with the land and be binding on the successors and assigns of Association and all persons claiming under them for a period of twenty (20) years, these covenants shall then be automatically extended for successive periods of ten (10) years, until said covenants shall be amended, changed or terminated in whole or in part as provided elsewhere herein. Such amendments, changes or terminations shall take effect when executed and filed in the proper office of record.