Declaration of Covenants, Conditions and
Restrictions for Wyndmoor
Owner of Record: Milldale Ltd.
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Table of Contents
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
WYNDMOOR
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WYNDMOOR
This declaration
of covenants, conditions and restrictions for Wyndmoor subdivision is
made this 26th day of April, 2000 by Milldale Ltd., hereinafter referred
to as "Declarant".
Know that Declarant being the Owner and Developer
of the land described in Exhibit A of this declaration and being desirous
of subjecting said property to the restrictions, covenants and charges
hereinafter set forth, each of which shall accrue to the benefit of and
pass with said property, and each and every parcel thereof, and shall
apply to and bind the undersigned, and their successors and assigns,
hereby declare that the property described in Exhibit A hereof is held
and shall be transferred, sold and conveyed subject to the conditions,
restrictions, covenants, reservations and charges hereinafter set forth.
The real property which is and shall be held and which shall
be transferred, sold and conveyed subject to the conditions, restrictions, covenants,
reservations and charges with respect to the various portions thereof set forth in the
several sections and subdivisions of this declaration is more particularly described as
Exhibit A in the Appendix.
(Please refer to Exhibit A for legal description).
Section I
ARCHITECTURAL REVIEW BOARD AND
PROCEDURES
The Declarant hereby creates an Architectural Review Board
(hereafter referred to as ARB) consisting of at least three (3) members. A current listing
of the ARB members is on file at the Rochester Village Hall. Written communications and
other materials may be directed to the ARB at P.O. Box 604, Rochester, Illinois 62563. A
majority of the ARB may designate a representative to act for them. In the event of the
death or resignation of any ARB member, the remaining member or members shall, subject to
the approval of the Declarant, designate successors. Neither the members of the ARB nor
its designated representative shall be entitled to any compensation for services performed
pursuant to this covenant.
At such time as the Declarant concludes its development and
sale of all homesites at Wyndmoor, the Declarant shall be removed from the process of
approving successor ARB members. Subsequently, any vacancy on the ARB caused by the death
or resignation of a member, shall be filled through the designation by the remaining
member(s) of a successor member who is a then current resident of the subdivision. A
successor member designated in this manner may continue to serve on the ARB until he/she
dies, resigns or ceases to be a resident of the subdivision.
The ARB at its election may incorporate and adopt a
corporate name of its choosing.
The ARB shall have the right to prevent the clearing of a
homesite and subsequent excavation and grading prior to construction of the main residence
upon such a homesite according to the following:
Prior to any construction, a homesite owner is required to
seek approval of building plans through the ARB. The ARB shall review materials, external
design, location with respect to topography and finished grades, rights-of-way, easements,
declared public lands, elevations and building lines, location of driveways and walkways.
To comply with this requirement, each homesite owner, prior to any construction on the
homesite, shall submit two (2) sets of the building plan and specifications of the
improvement to be constructed to the ARB stating the type, style, size and general design
of the residence to be constructed, along with its location on the building site. Such
plans and specifications shall include the floor plan, elevations and site plan showing
distances from easements and lot lines. The ARB will respond in writing to each homesite
owner regarding the proposed building plan within fourteen (14) days after complete
submittal of all required information, specifically detailing any issues that precluded
its approval. The homesite owner agrees not to obtain a Village of Rochester Building
Permit until the ARB has approved the final plans.
Section II
COVENANTS
To insure the best use and most appropriate development and
improvement of each homesite; to protect the owners of each homesite against improper use
of surrounding land that might depreciate the value of their property; to preserve, so far
as practicable, the natural beauty of said property; to guard against the erection thereon
of poorly designed or proportioned structures and structures built of improper or
unsuitable materials; to obtain harmonious appearances; to encourage and secure the
erection of attractive homes with appropriate locations hereof on each homesite; to secure
and maintain proper setbacks from streets and adequate free spaces between structures, and
in general, to provide adequately for a quality type of improvement on said property and
thereby enhance the values of investments made by purchasers of the homesites therein, the
real estate described in Exhibit A is hereby subject to the following conditions,
restrictions, covenants, reservations and charges, to wit:
1. Permissible Residences: No
homesite, other than those with the R2 zoning designation, shall be used for other than
single-family residence purposes. There shall not exist on any homesite at any time more
than one residential structure. Log homes will not be permitted.
2. Required Living Space By Zoning
District: Exclusive of basement, open porches and garages:
- No residence on a homesite with an RS zoning designation shall
contain a ground floor area of less than 2000 square feet for a one (1) story dwelling,
nor a ground floor area of less than 1200 square feet and a minimum total of 2400 square
feet for a dwelling of more than one (1) story. Each such dwelling must have a garage
providing space for at least two (2) vehicles and must be attached to the dwelling unless
otherwise approved by the ARB.
- No residence on a homesite with an R1 zoning designation shall
contain a ground floor area of less than 1700 square feet for a one (1) story dwelling,
nor a ground floor area of less than 1000 square feet and a minimum total of 2000 square
feet for a dwelling of more than one (1) story. Each such dwelling must have a garage
providing space for at least two (2) vehicles and must be attached to the dwelling unless
otherwise approved by the ARB.
- No two-family residence on a homesite with an R2 zoning
designation shall contain a ground floor area of less than 1400 square feet per unit for a
one (1) story dwelling, nor a ground floor area of less than 800 square feet and a minimum
total of 1600 square feet per unit for a dwelling of more than one (1) story. Each unit of
a two-family residence must have a garage providing space for at least two (2) vehicles.
Each garage must be attached to the dwelling unless otherwise approved by the ARB.
The ARB shall have the authority to change minimum square
footage requirements as needed on homesites with restricted building areas. All homes must
incorporate no less than 40% brick or stone fascia into the front elevation(s). Brick or
stone used as foundation material or below first floor elevation will not be considered
when determining fascia requirements. Brick or stone styles must be approved by the ARB.
In the event that the Village of Rochester shall alter the
names of its zoning designation, this instrument shall be deemed to be modified to read
with such new zoning designation names in place of the original zoning designation names
referenced herein without further alteration of this instrument.
3. Setbacks, Orientation and Driveways:
No residential unit, including attached porches, breezeways and garages but excluding
eaves and steps, shall be erected on any homesite nearer to the lot lines of said homesite
than as follows: RS homesites will have a minimum of a thirty (30) foot front setback
line. R1 and R2 homesites will have a minimum of a twenty-five (25) foot front setback
line. All homesites will have a side yard setback of ten (10) feet to either side of the
lot line, and a rear yard setback of twenty (20) feet (provided, however, that in the case
of corner homesites the setback from the side street line shall not be less than the
minimum front setback line as indicated above). Each residential dwelling shall face a
subdivision street. Driveways shall have a minimum width of eighteen (18) feet to serve at
least a two (2) car garage, except for driveways leading to the rear or side entrance
garages, which shall have a minimum width of ten (10) feet. All driveways shall be paved
with concrete, asphalt or brick its entire length (same surface for entire length).
4. Elevation of the Ground Floor: The
vertical elevation of the ground floor of any residence (as measured
from the top of the valley gutter or curb) must be approved by the
ARB prior to construction.
5. Field Tile Damage: In
accordance with Section 11-5-5 of the Village of Rochester's Subdivision Ordinance, the
homesite owner or designated agent must promptly contact the Village of Rochester if field
tile are broken or damaged during the construction of any residence. Further,
it is the responsibility of the homesite owner to repair the tile so as
not to impair its proper functioning. The excavation area containing the
tile shall not be back-filled until the Village of Rochester has inspected
the repair and determined it to be satisfactory.
6. R2 Corner Homesite Requirements: All two-family
residences on corner homesites in the R2 zoning designation shall have individual
entrances and driveways which front on the respective intersecting streets (i.e., only one
driveway for each of the corner homesites shall exit onto Milldale Drive).
7. Ponds: Changes to the pond
configuration or overflow control structures are prohibited unless authorized by the
Village of Rochester and the ARB. Maintenance of the portion of the pond and shoreline
owned by an individual homesite owner is the responsibility of that homesite owner.
Maintenance easements for the overflow control structures have been granted to the Village
of Rochester.
8. Underground Utilities: All
utilities, including telephone, electric and television cables, other than for temporary
service during construction, shall be underground.
9. Sewers and Sump Pumps:
Each home shall be connected to the public sanitary sewers. No sump
pump in any home shall be connected to or discharge into the public
sanitary sewer system. The discharge line from a sump pump shall
be connected to the sump pump collector line or the storm sewer main.
The collector line will be placed in an easement abutting the right-of-way
as design requires. Therefore, the homeowners will need to make provisions to ensure the location of
the home's discharge line for any sump pump is practical with respect to the location of
the collector line or storm sewer. It is the homeowner’s responsibility
to contact the Village of Rochester for direction with respect to preparations
for the sump pump discharge outlet.
10. Construction of Non-residence
Structures and Improvements: No building, including detached structures temporary or
permanent, shall be erected, driveway constructed, swimming pool installed, television
antenna or tower installed, or transformers and distribution pedestals for main lines and
house leader installed, or any of the same altered or relocated until the site drawings,
construction plans, front elevation and specifications showing the location of such
improvements or structure on the homesite have been approved by the ARB. No outbuildings
or unattached garages shall be approved by the ARB unless they are compatible with the
existing single family dwelling on the premises and are of comparable quality, materials
and construction. This covenant precludes the use of metal storage buildings or sheds on
any homesite. Ultimate grade lines shall be in conformity with the adjacent homesites and
shall not interfere with the drainage from adjoining homesites. No satellite dishes
greater than twenty-four (24) inches in diameter or solar panels may be installed.
11.Construction Schedule and
Management Requirements: After initial ground breaking, all construction must be
diligently pursued to completion within a reasonable period but in no case to exceed one
(1) year. No building shall be occupied for living purposes which is not functionally
complete in detail as to the exterior, nor shall any building materials, paint or building
equipment be exposed to the public view if occupied as a dwelling. No structure of a
temporary nature (trailer, basement, tent, shack, garage, barn or other outbuildings)
shall be used on any building site at any time as a residence either temporarily or
permanently.
12. Vehicle Parking: Except when
stored in his/her garage, no homesite owner or occupant shall permit any commercial
vehicle, (including builder's/subcontractor's trailers and equipment), cargo trailers,
campers, boat trailers, house trailers, mobile homes or carryalls to be parked or stored
on the homesite, in the driveway, or in the street in front of or along side of the
homesite for more than forty-eight (48) hours. Any commercial vehicle larger than a
passenger automobile that is owned or operated by a homeowner, must be stored in his/her
garage. Additionally, the ARB encourages homesite owners to park non-commercial vehicles
either in their garages or driveways whenever possible.
13. Commercial Use Prohibited: No
machinery, appliance or structure of any kind shall be permitted upon, maintained or
operated in or on the premises of any homesite for the facilitation and carrying on of any
trade, business or industry.
14. Mowing Requirements: The owner of
any vacant homesite shall cut the grass and/or weeds as needed to maintain a height of not
more than twelve (12) inches and in proper condition as to not adversely affect
neighboring homesites.
15. Easements: Easements for
installation and maintenance of utilities and drainage facilities are reserved as shown on
the recorded plat. Within these easements, no structure shall be placed or permitted to
remain which may damage or interfere with the installation and maintenance of utilities or
easements. The easement area of each homesite and all improvements in it shall be
maintained continuously by the owner of the homesite, except for those improvements for
which a public authority or utility by virtue of the plat of said subdivision has assumed
that responsibility. A utility easement is hereby reserved as needed on each homesite for
underground telephone, cable television and power lines. Homesite owners may plant trees,
shrubs or landscaping within the easements; provided in the event of destruction or
removal of any such trees, shrubs or landscaping by the Village of Rochester, any utility
provider or its agents or assigns in connection with the repair and maintenance of any
utility contained within the easement area, the homesite owner shall be solely and
exclusively responsible to replace any such trees, shrubs or landscaping damaged or
removed by reason thereof without cost or expense to the Village of Rochester or such
utility provider. Drainage in easement areas shall not be blocked or impaired, and any
owner of any homesite or part thereof in said subdivision shall have the privilege of
removing any obstruction blocking or impeding such drainage. No adverse modifications to
the topography with respect to drainage will be permitted. Homesite drainage shall be
approved by the ARB.
The ARB reserves the authority to direct homeowner to alter
ultimate or final grade lines should the ARB or the Village of Rochester determine that
grade lines on a particular lot or homesite are not in comformity with adjacent homesites
or interfere with drainage from adjoining homesites.
16. General Nuisance: No noxious or
offensive activity shall be carried on upon any homesite, nor shall anything be done
thereon which may be or become an annoyance or nuisance to the neighborhood.
17. Signs: No sign of any kind shall
be displayed to the public view on any building site except one (1) miscellaneous sign of
not more than one (1)square foot, one (1) sign of not more than five (5) square feet
advertising the property for sale or rent, or signs used by a builder to advertise the
property during the construction and sales period, unless approved by the Village of
Rochester and the ARB.
18. Liquor: No spirituous, vinous or
malt liquors shall be sold or kept for sale on said premises.
19. Animals: No animals, livestock or
poultry of any kind shall be raised, bred or kept on any homesite, except that dogs, cats
or other household pets may be kept provided that they are not bred, kept or maintained
for any commercial purposes. No dogs shall be kept on any homesite until such homesite is
improved with a habitable dwelling.
20. Trash and Garbage Removal: No
homesite shall be used or maintained as a dumping ground and all trash, garbage or other
waste shall be kept in sanitary containers. All incinerators or other equipment for the
storage or disposal of such materials shall be kept in a clean and sanitary condition and
out of public view except within twenty-four (24) hours of trash pickup. Each homeowner is
required to contract with a waste hauler to remove household garbage/trash at least once
every seven (7) days.
21. Oil and Mining Operations Prohibited:
No oil drilling, oil development operations, oil refining, quarrying or mining operations
of any kind shall be permitted upon or in any homesite, nor shall oil wells, tanks,
tunnels, mineral excavations or shafts be permitted upon or in any homesite. No derrick or
other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted on any homesite.
22. Mailboxes: All mailboxes located
within Wyndmoor shall be of a uniform design, construction and installation as approved
and required by the ARB. No separate mailbox or other receptacle for newspapers or other
periodicals shall be placed upon said mailbox or post without the prior permission of the
ARB.
23. Lawn Requirement: Immediately
after the final grade has been established on the building site, the owner shall install
vegetation to cover exposed soils by planting ground cover, sodding, seeding and strawing,
or covering the exposed areas with landscape material to prevent erosion. All front and
side yards must be sodded. Back yards may be seeded. Due to the irregular shape or size of
a homesite, exceptions to this requirement may be made by the ARB prior to its approval of
the building plan.
24. Erosion Prevention: During
clearing of a homesite and construction of improvements thereon, the owner shall prevent
the erosion and washing of soil from the homesite. Soils, mud, waste material,
construction debris and landscape waste carried from any homesite onto other homesites,
easements, rights of way and roadways, by erosive forces or in any manner during
construction, shall be cleaned up daily or as necessary at the expense of the homesite
owner. When excavating or improving the building site, the owner shall place or require a
general or sub-contractor to place all excavated soil within the building site at least
five (5) feet from any homesite line and clear of any easements. All dumpsters and
construction materials must be kept on the building site (not in the street). The intent
of this covenant is to maintain and preserve a clean and neat appearance in the
subdivision at all times.
25. Sidewalks: After the construction
of the sidewalk in front of a homesite, but prior to dedication to the
Village, the homesite owner shall be responsible for replacing at his own
expense any broken or cracked sections of said sidewalk adjacent to such
homesite. All replacement of sidewalks must meet subdivision specifications
as to materials, type, depth, etc. Except as a
result of damage caused by homesite owner's construction, once the sidewalk is dedicated
to the Village, per the Village's subdivision ordinance, the homeowner is not responsible
for the expense to repair the sidewalk in the front of the homesite. In
the event of damage by homesite owner's construction, the homesite owner
shall be responsible for replacing and repairing at his own expense any
broken or cracked sections of said sidewalk.
26. Fences: Prior to commencement of
construction, all fences shall be approved by the ARB. Fences shall also comply with
Village of Rochester zoning ordinance 10-3-9. Board on board wooden fences and open
wrought iron fences are the preferred styles. No woven-wire fencing shall be permitted.
27. Swimming Pools: In-ground
swimming pools are allowed and must be properly fenced to prevent unintended access.
Above-ground swimming pools shall be permitted with restrictions on an individual basis as
designated by the ARB.
28. ARB Approval of Separate Ownership
Agreements: Any agreement or other document establishing common
wall or common element ownership relative to creation of a separate ownership
interest in any part of a R-2 zoning designated lot including but not limited
to party wall agreements, condominium declaration, easement, license arrangement
or other instrument used for such purpose shall be subject to the approval
of the ARB as to form and content.
29. Waiver: To the
fullest extent permitted by law, each homeowner purchasing a lot subject to this
instrument and the agents, employees, contractors, subcontractors or other parties
claiming by, through or thereunder herby waives any and all causes of action against the
members of the ARB in their individual or personal capacity relative to any decision,
action or omission made by a member of the ARB. Each homeowner and their agents,
employees, contractors, subtrades or other parties claiming by, through or thereunder
waive all causes of action against the ARB in its capacity as an entitiy or corporation
except to the extent said cause of action is limited to the nature of declaratory action
to overturn a ruling aor directive of the ARB based on gross negligence or material
deviation from the provisions of the document. Each homeowner, for
themselves, their agents, employees, contractors, subcontractors or other
parties claiming by, through or thereunder, waives any right to monetary
damages or financial compensation of any form relative to the ARB and/or
any member therof relative to any act or omission or the ARB.
Section III
TERMS OF COVENANTS
These covenants
shall be binding upon all parties and all persons claiming through or
under them for a period of twenty (20) years from the date these covenants
are filed for record, after which time such covenants shall automatically
be extended for successive periods of ten (10) years, unless an instrument
signed by a majority of the then owners of record of said subdivision
has been filed for record agreeing to change such covenants in whole
or in part. If such
an instrument is circulated, owners of record shall have one vote per
dwelling unit.
Invalidation of these covenants by judgment or court order
shall in no way affect the other provisions, which shall remain in full force and effect.
Section IV
ENFORCEMENT
Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting to violate any covenant, either to
restrain violation or to recover damages. The failure of the Architectural Review Board,
any homesite owner or the present owner of said subdivision to enforce any of the
restrictions, conditions, covenants, reservations, liens, or charges to which said
property, or any part thereof, is subject, shall in no event be deemed as a waiver of the
right to do so thereafter or to enforce any other restriction, condition, covenant,
reservation, lien or charge.
Section V
VALIDATION
This document duly executed by the corporate officers of
Milldale Ltd. this 26th day of April, 2000.
BY_____________________________ BY___________________________
Scott A. Miller, Secretary/Treasurer
Bryan T. Martindale,
President
Exhibit
A
(Legal description to be furnished prior to
final platting.)
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