| PART V
ADDITIONAL RESTRICTIONS AFFECTING
RESIDENTIAL PROPERTIES
1. "Residential Properties" as used in this Part
V shall mean and refer to all those parcels or tracts of land within the Properties
defined as "Single Family Lots," "Patio Home Sites," and
"Multiple Family Tracts" in paragraphs 2, 3, and 4 of this Part V.
2. "Single Family Lots" or "Lots" as used
herein shall mean and refer to all those parcels or tracts of land within the Properties
intended for subdivisions or subdivided into Properties or lots intended for the
construction of detached dwelling units including Single Family A (Conventional) and
Single Family C (Cluster), and attached Single Family D (Duplex) as defined and controlled
by the applicable zoning for Woodlake granted by the Board of Supervisors of Chesterfield
County.
3. "Patio Home Sites" or "Sites" as used
herein shall mean and refer to all those parcels or tracts of land within the Properties
intended for subdivision or subdivided into Properties or lots intended for construction
of detached dwelling units and on which a Patio Wall will be required to be erected,
including Single Family B (Patio or Zero Lot Line), as defined and controlled by the
applicable zoning for Woodlake granted by the Board of Supervisors of Chesterfield County.
4. "Multiple Family Tract" or "Tracts" as
used herein shall mean and refer to all those parcels or tracts of land within the
Properties intended for development of or developed as attached dwelling units including
Multiple Family A (Townhouse Lots) and Multiple Family B (Condominiums and Apartments) as
defined by the applicable zoning for Woodlake granted by the Board of Supervisors of
Chesterfield County.
5. Plans required under paragraph 1 of Part I of these
Covenants will not be approved unless the proposed house, dwelling unit, phase or group of
Multiple Family dwelling units, or any other structures will have the minimum square
footage of enclosed dwelling space. Such minimum requirements for each Lot, Site, or Tract
will be specified in each sales contract and stipulated in each deed. The term
"enclosed dwelling area" as used in these minimum size requirements does not
include garages, boat sheds, terraces, decks, open porches, screen porches, and the like
areas.
6. (a) All Residential Properties shall be used
for residential purposes, recreational purposes incidental thereto, and for customary
accessory uses. The use of a portion of a dwelling unit on a Residential Property as an
office by the Owner or tenant thereof shall be considered a residential use if such use
does not create undue customer or client traffic, as determined by the Company in its sole
and uncontrolled discretion, to and from the unit or the Property.
(b) No structure, except as
hereinafter provided, shall be erected, altered, placed, or permitted to remain on any
Single Family Lot or Patio Home site other than one (1) detached single family dwelling
and one (1) small one-story accessory building which may include a detached private
garage, provided the use of such accessory building does not overcrowd the Property, as
determined by the Company in its sole and uncontrolled discretion, and provided, further,
that such building is not used for any activity normally conducted as a business. Such
accessory building may not be constructed prior to the construction of the main building.
(c) A guest suite or like
facility without a kitchen may be included as part of a main dwelling or accessory
building on any Single Family Lot or Patio Home Site, but such suite may not be rented or
leased except as part of the entire premises including the main dwelling, and provided,
however, that such suite would not result in over-crowding the Property, as determined by
the Company in its sole and uncontrolled discretion.
(d) The provisions of this
paragraph six (6) shall not prohibit the Company or its agent from using any house, other
dwelling units, or accessory buildings as models.
7. (a) The exterior of each house, dwelling unit,
phase or group of Multiple Family dwelling units, and all other structures must be
completed (i) within one (1) year after the construction of same shall have commenced on
all Single Family Lots and Patio Home sites, and (ii) within two (2) years after the
construction of same shall have commenced on all Multiple Family Tracts, except where such
completion is impossible or would result in great hardship to the Owner or builder due to
strikes, fires, national emergency or natural calamities. Houses and other dwelling
structures may not be temporarily or permanently occupied until the exteriors thereof have
been completed. During the continuance of construction, the Owner of the Lot, Site, or
Tract shall require the contractor to maintain the Property in a reasonably clean and
uncluttered condition, pursuant to the provisions of paragraph 5 of Part I of these
Covenants.
(b) The failure to complete the
exterior of any house, dwelling unit, phase or group of Multiple Family dwelling units, or
any other structure within the time limit set forth in paragraph 7 (a) above shall
constitute a violation and breach of these Covenants. The Company hereby reserves unto
itself, its successors and assigns, and its agent, a perpetual, alienable, and releasable
easement and right on, over, and under all Residential Properties for the purpose of
taking any action necessary to effect compliance with paragraph 7 (a) above, including,
but not limited to, the right to enter upon any Property for the purpose of completing the
exterior of such house, dwelling unit, phase or group of Multiple Family dwelling units,
or any other structure which is in violation of paragraph 7 (a). Such entry shall not be
made until thirty (30) days after the Owner of the Property has been notified in writing
of the violation of these Covenants, and unless such Owner has failed to complete said
exterior within said thirty (30) day period. The cost of such corrective action, when
performed by the Company or its agents, shall be paid by the Owner of the Property on
which the corrective action is performed. The provisions of this paragraph shall not
create any obligation on the part of the Company to take any action to effect compliance
with paragraph 7 (a).
8. (a) Each Residential Property Owner shall
provide a screened area to serve as a service yard and an area in which garbage
receptacles, fuel tanks or similar storage receptacles, electric and gas meters, air
conditioning equipment, clotheslines, and other unsightly objects must be placed or stored
in order to conceal them from view from the road and adjacent Properties. Pursuant to the
provisions of paragraph 1 of Part I, plans for such screened area delineating the size,
design, specifications, exterior color or finish, and location must be approved by the
Company prior to construction. No alteration in the exterior appearance of any screened
area shall be made without like prior written approval by the Company. Garbage receptacles
and fuel tanks may be located outside of such screened area only if located underground,
and such underground garbage receptacles and fuel tanks and their location must likewise
be approved by the Company prior to construction.
(b) There shall be
no curbside garbage pickup. Garbage pickup shall only take place at the garbage receptacle
location approved by the Company in paragraph 8 (a) above.*
9. No mobile home, trailer, tent, barn, or other similar out
building or structure shall be placed on any Residential Property at any time, either
temporarily or permanently. Boats, boat trailers, campers, recreational vehicles,
oversized vehicles, or utility trailers may be maintained on a Residential Property, but
only within an enclosed or screened area such that they are not generally visible from
adjacent Properties. Pursuant to the provisions of paragraph 1 of Part I, plans for such
enclosed or screened area delineating the size, design, specifications, exterior color or
finish, and location must be approved by the Company prior to construction. No alteration
in the exterior appearance of any enclosed or screened area shall be made without like
prior written approval by the Company.
10. No structure of a temporary character shall be placed upon
any Residential Property at any time, provided, however, that this prohibition shall not
apply to shelters or temporary structures used by the contractor during the construction
of the main dwelling unit, or phase or group of Multiple Family dwelling units, it being
clearly understood that these latter temporary shelters may not, at any time, be used as
residences or permitted to remain on the Property after completion of construction. The
design and color of structures temporarily placed on a Residential Property by a
contractor shall be subject to reasonable aesthetic control by the Company.
11. No television antenna, radio receiver, radio sender, or
other similar device shall be attached to or installed on any Residential Property or on
the exterior portion of any building or structure on any Residential Property except as
follows:
(a) The provisions of this
paragraph shall not prohibit the Company from installing or approving the installation of
equipment necessary for master antenna system, Community Antenna Television (C.A.T.V.),
mobile radio systems, or other similar systems within the Properties; and
(b) Should C.A.T.V. services be
unavailable and good television reception not be otherwise available, the Owner or tenant
of a dwelling unit, or the Owner of a Multiple Family Tract, may make written application
to the Company for permission to install a television antenna and such permission shall
not be unreasonably withheld. **
* See
First Addendum, B
** See First Addendum,
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