For the purpose of imposing a general scheme of development, enforcing uniformity, and preventing unreasonable interference with the use and enjoyment of each of the dwelling units and appurtenances (each of which is herein called “part of the Land”) completed or to be completed on the Lands, and to the intent that the burden of this covenants shall run with the Lands and each and every part of the Lands, and to the intent that the benefit of this covenant shall be annexed to and run with each and every other part of the Lands within the proposed lands of the development, now registered in the name of Shady Ridge Stock Farms Inc. (herein called the “Developer”), each purchaser, lessee or other transferee from the time to time (herein called the “owner”) by accepting or registering a Deed, lease or other document of entitlement to use and/or possession of any part of the Lands, covenants and agrees on behalf of himself, his heirs, executors, administrators, successors and assigns, with the Developer and the Owner from time to time of each and every other part of the Land, that the following covenants, restrictions and provision are for the benefit of, and the use and enjoyment of each and every other part of the Lands and that the same will be observed, complied with and adhered to and nothing shall be done, erected or placed upon any part of the Lands in breach, violations or contrary to the fair meaning of the following covenants, restrictions and provisions.
- The dwelling to be constructed with the minimum roof pitch 7/12 or greater. Dormers not extending above the main roof height must have a roof pitch of 7/12 or greater.
- No residences to be constructed with less than 1,800 square footage of living space.
- No residences shall be constructed with exterior surfaces other than brick, stone, board and batten, stucco, log, timberframe or such other exterior surfaces as are approved by the Developer in writing. It is understood that the only vinyl siding that is accepted is that of board and batten profile.
- Architectural approval – No dwelling shall be constructed except in accordance with Architectural Plans signed by the Developer, which approval shall not be unreasonably withheld.
- Trucks, boats, snowmobiles, camper vans, trailers, including trailer with living, sleeping or eating accommodations or any vehicle, other than an automobile, shall be permitted if parked, placed, located, kept or maintained, concealed in a wholly enclosed garage, or in an area designated by the Developer in writing, which approval will not be unreasonably withheld.
- No signs, billboards, notices or advertising material of any kind can be placed on any part of the Lands or upon or in any building or on any fence, tree or other structure on the Lands without the consent of the Developer in writing.
- Save and except as required for building purposes, no tree shall be cut down or removed from the Lands without the consent in writing of the Developer.
- No accessory building containing an area in excess of three hundred square feet shall be constructed or placed on the Lands, without the consent of the Developer as to location and design.
- No Owner will erect a privacy fence without the permission of the Developer save and except a swimming pool fence.
- All driveways during construction must be stoned before large trucks can enter onto the lots to help keep the main asphalt road clean.
- It is understood that there will be no clotheslines with the exception of the umbrella style.
- It is understood there will be no television antennas, satellite dishes (save and except for a satellite dish under a diameter of 18”), ham radio antenna, and/or any other antenna shall be erected anywhere on the land.
- All wood fireplaces or wood stove products must be W.E.T.T. and E.P.A. certified.
- It is understood that all homes will be serviced by natural gas failing which the Owner shall pay to the Developer a fee of $2500.00.
- During home construction and property landscaping, the Owner will be responsible for the daily care and maintenance, including the clean up of debris and construction materials, of the lot.
- No Owner shall sell, transfer, grant or assign in any manner whatsoever, either directly or indirectly, it rights, title and interest in any part of the Lands without obtaining a duly executed covenants from any such subsequent purchaser, transferee, grantee or assignee to comply with and be bound by the provision hereof.
- Provided always that notwithstanding anything herein contained, the Developer shall have power by instrument or instruments in writing from time to time to waive, alter or modify the above covenants and restrictions in the application to the Lands or to any parts thereof without affecting their validity as the same applies to the remaining Lands.
- Provided further the Developer shall have the unfettered right to delegate any and all of its rights and privileges under this agreement to the Association of Property Owners, the members of which shall be the owners from time to time of the 42 lots within the project, including the subject lot. Upon such delegation the set Association shall be entitled to enforce any and all of the restricted covenants contained herein, as if the Association were the Developer.
- The Owners covenant to complete at their own expense, the final lot grading and hydro connections and such other requirements as may be required in order to permit the issuance of a building permit, the completion and occupancy of a dwelling on the Property, in accordance with all requirements and agreements with the Municipality.
- The Owners shall not commit or permit waste on the said lots except in the ordinary course of building operations.
- The Owners agree to be responsible and to pay to the Vendor and/or the Municipality, as the case may be, the cost of repairs or replacements to any roads, grade stakes, surveyors' markers or stakes, road contamination, electrical wiring or any other installations or services of any kind damaged by the Owners, their employees, agents or independent contractors employed by the Owners, or by any other persons or vehicles making deliveries to the lots either directly or indirectly on behalf of the Owners.
- The Owners covenant and agree with the Developer to comply with all terms and conditions of the Subdivision Agreement entered into (or to be entered into) between the Developer and the Municipality; and without limiting the generality of anything herein contained, the Owners covenant and agree as follows:
- No rear or side lot swale or drain established by this agreement may be clogged, filled, altered, obstructed, or removed without the consent of the Municipal Engineers;
- No building may be erected except in accordance with the site grading and elevation plan approved by the Municipal Engineers;
- No building may be erected in such a way as to interfere with the lot drainage or the drainage of any other lot, nor may the plan required by clause (b) hereof be altered without the written approval of the Municipal Engineers.
- The Owners shall pay to the Developer the cost of any damage caused to the roadways (including shoulders and ditches) caused by the Owners, their contractors, servants, agents, workmen, vehicles, material and/or equipment in the course of construction on the lot.
- The Owners shall be responsible for and shall clean up any significant amounts of dirt deposited on the road within the Subdivision as a result of the development of the lot by the close of every working day, failing which the Developer shall be entitled to remove such dirt and the cost of the same shall be borne by the Owners PROVIDED THAT the Developer shall give the Owners reasonable notice to remedy the situation before the Developer acts to remove such dirt.
- No excavation shall be made on the lot except excavations for the purpose of constructing the dwelling or pools, wells, septic systems, etc. or as part of approved lot grading.
- The Owners acknowledge that the dwelling constructed on the lot must conform to the building levels and grades established by the Subdivision Agreement for the Subdivision.
- The Owners acknowledge that the Developer or a related company is the owner of lands abutting or in close proximity to the Subdivision and agrees not to object to the development of those lands as a subdivision of residential lots.
- No building waste or other materials of any kind shall be dumped or stored on the lands except clean earth for the purpose of leveling in connection with the erection of a dwelling thereon or the immediate improvement of the grounds on the lot or to comply with the approved grading plan for the Subdivision.
- If any term or provision of this Schedule of Restrictive Covenants or the application thereof to any person shall to any extent be held to be invalid or unenforceable, the remainder of this Schedule of Restrictive Covenants or the application of such term or provision to all persons other than those to whom it is held to be invalid or unenforceable, shall not be affected thereby and each term and provision of this Schedule of Restrictive Covenants shall be separately valid and enforceable to the fullest extent permitted by law.
- In this Schedule, words importing the plural shall include the singular and vice versa and words importing the feminine gender shall be deemed to include the masculine gender and vice versa as the context requires.
- The Owners acknowledge that this Schedule of Restrictive Covenants shall be deemed attached to and form part of each transfer/deed for each lot. The registration of such deed shall constitute acceptance by the Owners of the obligations set out in this Schedule of Restrictive Covenants.
- To the extent that the burden of this covenant shall run with the Lands for a period of twenty years from the registration thereof, and to the extent that the benefit of this covenant may be annexed to and run with each and every part of the Lands and also each and every part of the Lands now owned by the Developer, its successors and assigns, each Owner of the Lands or any part thereof, their respective successor and assigns, to observe and comply with the stipulations, restrictions and provisions and nothing shall be erected or fixed, placed or done upon the Lands or any part of the Lands in breach or violation or contrary to the fair meaning of the said stipulations, restrictions and provisions set forth herein.