DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS OF
FAIR GROVE ESTATES PHASE 4
WEST HAVEN, UTAH
THIS DECLARATION is made and executed this 11th day of October, 2006, by Fair Grove Construction, Inc. (the "Declarant").
RECITALS
A. Declarant is the owner of the following described real property located in Weber County, Utah, to-wit: Fair Grove Estates Phase 4 according to the official plat recorded at the county recorder’s office of Weber County, State of Utah.
B. Declarant has established this Declaration of Covenants, Conditions and Restrictions in order to enhance and protect the value and attractiveness of the Lots.
ARTICLE I - DEFINITIONS
When used in this Declaration (including in that portion hereof headed "Recitals") the following terms shall have the meaning indicated:
1.01 Design Committee shall mean the committee created under Article IV of this Declaration.
1.02 City shall mean West Haven City, Weber County, State of Utah, and its appropriate departments, officials, and boards.
1.03 Declarant shall mean and refer to Fair Grove Construction, Inc. a Michigan Corporation, having its principal place of business in West Haven, Utah.
1.04 Declaration shall mean this Declaration of covenants, conditions and restrictions, together with any subsequent amendments or additions. The Subdivision Plat for Fair Grove Estates Phase 4 Subdivision, and the easements and other matters shown on the Plat, are also incorporated into this Declaration by reference.
1.05 Dwelling shall mean the single family residence built or to be built on any Lot, including the attached garage.
1.06 Family shall mean one household of persons related to each other by blood, adoption or marriage, or one group of people of not more than five not so related living together as a unit who maintain a common household.
1.07 Improvement shall mean all structures and appurtenances of every type and kind, including but not limited to buildings, dwellings, garages, storage buildings, walkways, retaining walls, sprinklers, pipes, driveways, landscaping, pools, decks, stairs, poles, lighting, signs, satellite dishes or other antennas, and any mechanical equipment located on the exterior of any building.
1.08 Lot shall mean any numbered building Lot shown on the official plat of the Fair Grove Estates Phase 4 Subdivision.
1.09 Owner shall mean the person holding fee simple title, including the Declarant, and buyers under any contract for deed, but shall exclude any person or entity holding title for purposes of securing performance of an obligation. If there are multiple persons comprising the Owner of any Lot, their liability for performance of Owner obligations pursuant hereto shall be joint and several.
1.10 Person shall mean a natural person or any legal entity with a right to hold title to real property in its own name in the State of Utah.
1.11 Plat shall mean an official ownership plat of any phase of Fair Grove Estates Phase 4 as approved by Weber County and the City of West Haven and recorded in the office of the Weber County Recorder as it may be amended from time to time.
1.12 Subdivision shall mean the Fair Grove Estates Phase 4, and all Lots, reserved open space, and other property within the Subdivision as shown on the Plat.
ARTICLE II - RESTRICTIONS ON ALL LOTS
The following restrictions on use apply to all Lots within the Subdivision:
2.01 Zoning Regulations. The lawfully enacted zoning regulations of West Haven City and any building, fire, and health codes are in full force and effect in the Subdivision as they may be from time to time hereafter amended, and no Lot may be occupied in a manner that is in violation of any statute, law, or ordinance.
2.02 Easement. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Lot Owner, except for those improvements for which a public authority or utility company is responsible.
2.03 No Business or Commercial Uses. No portion of the Subdivision may be used for any commercial business use, provided, however, that nothing in this provision is intended to prevent (a) the Declarant from using one or more Lots for purposes of a construction office or sales office during the actual period of construction of the Subdivision Improvements or until 100% of the Lots are sold, whichever occurs later, or (b) the use by any Owner of his Lot for a home occupation pursuant to West Haven City ordinance. No home occupation will be permitted, however, which disturbs or annoys any Owner in their enjoyment of their Lot.
2.04 No Drilling or Mining. The property within the Subdivision shall be used for residential purposes only, and no mining, drilling, prospecting, mineral exploration or quarrying activity will be permitted.
2.05 Restrictions on Signs. Unless previously approved by the Design Committee, no sign of any kind shall be displayed to the public view on any lot except signs used by the Declarant to advertise the property during the construction and sales period, or a sign not to exceed six square feet used by an Owner to advertising the property for sale. Any such sign displayed by an Owner shall refer only to the premises on which the sign is situated.
2.06 Livestock, Poultry and Pets. No livestock, poultry, foul or animals of any kind other than dogs, cats or other household pets may be kept on any Lot; nor shall such be raised, bred or otherwise maintained for any commercial purpose. No more than two household pets shall be kept on any lot and such animals shall be restricted to the owner’s premises and under the handler’s control. Such animals shall not be dangerous, fierce, or vicious, nor shall they become an annoyance or nuisance to the neighborhood by barking or other offensive activity. Leashes will be required at all times on dogs outside fenced areas and all dog manure will be retained on the owners own premises. All animals must be confined to the area to the side or rear of the Dwelling.
2.07 No Annoying Sounds. No exterior speakers, horns, whistles, bells, wind chimes, motorized devices or equipment, or other noise making devices may be used or maintained on any Lot which creates noise that might be unreasonably or annoyingly loud to neighboring Lots, except for security or fire alarms.
2.08 Restrictions on Storage. No furniture, fixtures, appliances or other goods and chattels shall be stored in such a manner as to be visible from neighboring Lots and roads within the Subdivision. Moreover, no open storage of any building materials (except during construction), construction debris or waste, lawn or other vegetation clippings, accumulations of household refuse or garbage shall be stored in such a manner as to be visible from neighboring Lots or the public road. Every tank for the storage of oil, gasoline, propane or other fuels installed outside any Dwelling shall be either buried below the surface of the ground or screened to the satisfaction of the Design Committee. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, refuse, garbage or other waste shall not be kept except in sanitary containers. Each lot and its abutting street are to be kept free of trash, weeds, and other refuse by the lot owner. No unsightly materials or other objects are to be stored on any lot in view of the general public.
2.09 Walls, Fence and Hedges. No fence, wall, hedge, or other similar structure shall be erected in a front yard, nor shall any such structure be erected in any side or rear yard to a height in excess of six (6) feet unless previously approved by the Design Committee for such purposes as a sports court or swimming pool. No fence, wall, hedge, or other similar structure shall be erected closer to the front street than the front of the Dwelling. The only acceptable fencing materials are vinyl, masonry, and wrought iron unless first approved by the Design Committee. No fences or walls shall be constructed with wire mesh, barbed wire, chain link, wood, or cedar posts unless first approved by the Design Committee. All fences shall be properly maintained so as not to negatively impact the value of adjacent Dwellings or the Subdivision.
2.10 No Re-Subdivision. No Lot shall be re-subdivided without the approval of West Haven City and the consent of the Design Committee. Only one Dwelling may be constructed on any Lot, and no other storage building, outbuilding, or habitable structure may be permitted on any Lot unless specifically approved by the Design Committee and West Haven City.
2.11 No Annoying Lights. Any outdoor lighting shall be subject to approval by the Design Committee, and no outdoor lighting shall be permitted except for lighting that is designed to aim downward and limit the field of light to the confines of the Lot on which it is installed. This shall not apply to street lighting maintained by West Haven City.
2.12 No Noxious, Hazardous or Offensive Activity. No activity may be conducted on any Lot that is, or would be considered by a reasonable person, to be unreasonably dangerous or hazardous, which would cause the cancellation of conventional homeowner’s insurance policy. This includes, without limitation, the storage of toxic, flammable, explosive or hazardous materials in excess of those reasonable and customary for household uses, the discharge of firearms, and setting open fires (other than properly supervised and contained barbecues). No noxious or offensive activity shall be carried out on any Lot, including the creation of loud or offensive noises, odors, or dust that detract from the reasonable enjoyment of nearby Lots.
2.13 Drainage. No owner shall alter the direction of natural drainage from his Lot, nor shall any Owner permit accelerated storm runoff to leave his Lot without first using reasonable means to dissipate the flow of energy. Each Dwelling shall include a footing drain around the perimeter of the footings which connects into the land drain system installed by Declarant.
2.14 No Transient Lodging Uses. Lots are to be used for residential housing purposes only and shall not be rented in whole or in part for transient lodging purposes, boarding houses, bed and breakfast, or other uses for providing accommodations to travelers. No lease of any Dwelling on a Lot shall be for a period of less than 30 days. No Dwelling on the Lot shall be subject to time interval ownership.
2.15 Restrictions on Antenna. All TV antennas are to be placed in the attic out of view. Satellite dishes are to be hidden from view from the street unless approved by the Design Committee. No television, ham radio, citizen band or radio antenna or other similar electronic receiving or transmitting device shall be permitted upon the rooftop or side of any Dwelling or elsewhere if exposed to the view from any other lot, unless approved by the Design Committee. No activity shall be conducted within the property which interferes with television or radio reception of the other Owners.
2.16 No Outside Clothes Lines. No outside clothes lines and other outside clothes drying or airing facilities shall be maintained without prior approval of the Design Committee.
2.17 No Hunting or Camping. There shall be no camping upon any Lot and there shall be no hunting or discharge of firearms on any Lot.
2.18 Foundation. All Dwellings shall be set on permanent foundations. Foundations or basement concrete must not exceed three feet of exposure out of the ground as viewed from the road. Any exposed foundation wall must be properly plastered and finished to a smooth texture.
2.19 Sight Distance at Intersection. No fence, well, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty (25) feet from the intersection of the street lines or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight-line limitations shall apply on a driveway or alley pavement; except that the distance of connecting points from intersection shall be ten feet. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
2.20 Temporary Structures. No structure of a temporary character, trailer, tent, shack, garage, barn or other out buildings shall be used on any lot at any time as a residence either temporarily or permanently except during initial construction. No mobile homes are permitted.
2.21 Nuisances. Automobiles, vans, sport utility vehicles, trucks, campers, camper shells, motor homes, trailers, boats, watercraft, or any other vehicles shall not be stored on any public street or in any front yard and such items shall be stored or parked in the garage, on a cement parking slab to the side of the Dwelling where the entire said item is behind the front of the Dwelling, or to the rear of the Dwelling. Automobiles must be moved at least every seven (7) days. No inoperable motor vehicles, or stripped down, partially wrecked or junk motor vehicles, or sizeable part thereof, shall be kept, parked, stored, maintained, or repaired on any Lot or adjoining street. No Lot or public street shall be used for the storage of farm equipment, backhoes, trucks, crawler tractors or trailers used relative thereto, or any other equipment used in heavy excavation, trucking, construction, or farming. All roof mounted heating and cooling equipment must be set back to the backside of the roof out of view from the street.