(a) Intent. The provisions of this section are suggested to assist the subdivider in drawing up the proper controlling and protective measures for the benefit of both the developer and lot owners.
(b) Regular Covenants.
(1) All lots in the subdivision shall be for residential purposes only. No building shall be erected, altered, placed or permitted to remain on any such lot other than one detached single-family dwelling, not exceeding two stories in height, and a private garage or carport.
(2) The ground floor area of a single-story structure shall be not less than 1, 000 square feet of living area. A one and one-half or two-story structure shall contain not less than 1,400 square feet of living area. A tri-level structure shall have the same requirements as a one and one-half or two- story structure. A split foyer-type structure (where the first floor or normal living area is four or more feet above the normal lot level, with a basement which is four feet or less below normal ground level) shall have a minimum of 1, 000 square feet of living area on the upper level. The living areas referred to in this paragraph do not include attached or detached garages, basements, open or enclosed porches, steps, patios or other appurtenances.
(3) No building shall be located on a lot nearer to the front lot line or the side street line than the minimum building set-back line shown on the recorded plat. This set-back line shall be as required by the zoning district in which the subdivision is located. Side and rear yards shall also conform to the applicable zoning districts.
(4) No structure of a temporary character, trailer, basement, tent, shack or garage or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.
(5) No noxious or offensive trade shall be carried on upon a lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood.
(6) No animal, livestock or poultry of any kind shall be raised, bred or kept on a lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for a commercial purpose.
(7) No sign of any kind shall be displayed to the public view on a lot, except one sign of not more than two square feet announcing a home occupation or one sign of not more than five square feet advertising the property for sale or used by the builder to advertise the property.
(8) No lot shall be used as a dumping ground. Rubbish, trash, garbage or other waste shall not be kept, except in sanitary closed containers. No property owner shall burn or incinerate garbage, trash or rubbish.
(9) No fence or wall shall be erected, placed or permitted on a lot nearer to a street than the minimum building set-back line. No fence or barrier wall shall exceed six feet in height.
(10) No hedge or other planting which obstructs sight lines of elevations between two and six feet above the roadways shall be placed or permitted to remain on a corner lot within the triangular area formed by the intersection of two street centerlines and a line connecting them at points seventy-five feet from the intersection of the street centerlines extended. Such sight line limitations shall apply to a lot within ten feet of the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance or intersection unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines. No tree or live planting more than six inches in height shall be planted between the curb and the sidewalk.
(11) The covenants and restrictions set forth in this subsection are for the benefit of all lot owners, are to run with the land and shall be binding on all parties and persons under them until January 1, 1981, at which time such covenants and restrictions shall be automatically extended for successive periods of ten years, unless, by a vote of a majority of the current owners of the lots, it is agreed to change such covenants in whole or in part.
(12) The covenants and restrictions set forth in this subsection are enforceable by injunction or otherwise by the grantor, its successors or assigns.
(13) The invalidation of any such covenant by judgment or court order shall in no way affect any of the other provisions of this subsection which shall remain in full force and effect.
(c) Restrictions for Special Conditions.
(1) Private sewage disposal systems. Until such time as a sanitary sewer has been constructed to serve the subdivision, a sewage disposal system constructed in accordance with the requirements of the County Health Department shall be installed to serve each dwelling. The effluent from septic tanks shall not be permitted to discharge into a stream, storm sewer, open ditch or drain.
(2) Private water supply systems. Until such time as a public water supply is available, water shall come from individual wells drilled for each dwelling erected in the area in accordance with the requirements of the County Health Department.
(3) Percolation test forms for unsewered areas. The form for percolation tests contained in Appendix C, in duplicate, together with accompanying topographic maps and preliminary plats showing test hole locations, shall be submitted to the County Health Department. One complete set shall then be forwarded with comments from the Health Department, to the planning staff ten working days in advance of a regularly scheduled meeting of the Planning Board.
(4) Subdivider's agreement. Upon the receipt of approval of the final plat, but prior to the approval's taking effect, the subdivider shall have prepared, on a form approved by the Law Director, a contract to agree to the construction of all required improvements in the subdivision, in accordance with these Subdivision Regulations. The sub-divider's agreement shall be in accordance with all of the legal requirements of the Municipality and shall contain the guarantee of the subdivider to the posting of both performance and maintenance bonds to cover the costs of all required improvements included in the subdivision development. The subdivider shall execute the sub-divider's agreement with Council. Upon such execution, the approval of the final plat shall become effective.
(5) Performance bond or letter of credit. Upon the formal approval of the final plat and the execution of the subdivider's agreement, the subdivider shall post a performance bond or letter of credit in the amount of 100 percent of the total estimated cost of the construction of the required improvements, as specified in these Subdivision Regulations, in order to guarantee their proper installation. The Director of Public Service shall determine that the estimated costs adequately reflect the costs of the required improvements as well as the time period that is likely to be required to construct all improvements, and shall approve and certify in writing to the Commission the arrangements of the subdivider prior to the posting of the bond or letter of credit. The Municipality reserves the right to reject any such bond or letter of credit which the Director has determined to be unacceptable to construct the required improvements in the event of the default of the subdivider. The bond or letter of credit shall not extend for more than two years unless mutually extended by the subdivider and the Municipality.
The bond or letter of credit shall be made payable to and enforceable by the Municipality and shall provide that the subdivider, his or her heirs, successors and assigns and agents or servants thereof will comply with all applicable provisions of these Subdivision Regulations.
Upon the execution of the bond or letter of credit, the approval of the final plat shall become effective.
(6) Maintenance bond. Upon the completion of the required improvements, and the approval and certification in writing of the Director of Public Service that such improvements have been constructed and completed in a satisfactory manner, the subdivider shall post a maintenance bond in the amount of ten percent of the actual construction costs of the improvements. The dollar amount of the maintenance bond shall be reviewed and approved in writing by the Director prior to the actual posting of the bond, in order to ensure that it is an accurate reflection of the improvement costs.
No improvement shall be accepted by Council until the subdivider has posted an approved maintenance bond which shall extend for one year from the date of acceptance by the Municipality in the case of an improvement within a public right-of-way or the public water or sanitary sewer system.
(Ord. 83-32. Passed 8-15-83.)