ACT OF RESTRICTIONS
OF
BAYOU LANDING ESTATES SUBDIVISION
STATE OF LOUISIANA
PARISH OF EAST BATON ROUGE
Be it known that on this day of ______, before me, the undersigned Notary Public and in the presence of the undersigned competent witnesses, personally came and appeared:
BAYOU LANDING DEVELOPMENT GROUP, LLC.
(hereinafter collectively referred to as "Developer")
Who did depose and say that:
Developer is the owner and the developer of the real property hereinafter described and by this act, imposes upon the property the restrictions, conditions, liens and servitudes hereinafter set forth.
1. PURPOSE
The purpose hereof is the creation of a residential community having a uniform plan of develop and the preservation of property values and amenities in that community. The real property is described herein is hereby subjected to the covenants, restrictions, conditions, reservations, liens and charges herein set out to insure the best use and most appropriate development and improvements of each building site thereof; to protect the owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of the property; to guard against the erection thereon of poorly designed or proportioned structures and structures built of improper or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of the property; to encourage and secure the erection of attractive homes thereon, with appropriate locations thereof on building sites; to prevent haphazard and inharmonious improvements of building sites; to secure and maintain property setbacks from streets; and in general to provide adequately for quality improvement of the property and thereby enhance the values of investments made by purchases of building sites thereon.
2. THE PROPERTY
2.1 The real property now owned by Appearer’s and referred to herein is described as follows, and is subject to the covenants, conditions and restrictions set out herein:
Lots 1 thru 80 (hereinafter referred to as the “Property“)
2.2 The Property and all other portions thereof hereinafter shall be conveyed, transferred and sold by any record owner, thereof subject to the conditions, covenants, restrictions, reservations, servitudes, liens and charges hereinafter shall run with the land. Developer reserves the right to modify restrictions as he may deem necessary.
3. IMPROVEMENT RESTRICTIONS
3.1 There is hereby created Bayou Landing Estates Design Review Committee (the “Committee”), to be composed of not more than (4) individuals. The members of the Committee shall be appointed by the Developer, shall serve for one year and their successors shall be appointed by the Developer until such time as the Developer shall release this right to lot owners in the Subdivision. The Committee shall be authorized to establish design guidelines for homes to be constructed within the Subdivision and to review all building plans to ascertain their thorough compliance with all of the restrictions as set forth herein and the design guidelines. The decision of the Committee, in the event of any dispute or controversy regarding the interpretation of these restrictions and covenants or the design guidelines shall be final and non-appealable. The first members of the Committee are:
Bayou Landing Development Group, LLC. - Developer
3.2 The design guidelines established by the Committee may include without limitation, appropriate and reasonable standards for exterior finishes and materials which it deems undesirable or which in its discretion detracts from the value of the home or the surrounding homes or the general appearance of the Subdivision. The Committee will seek to encourage the creation of aesthetically harmonious relationships among the homes within the Subdivision and between the particular lot and home. The Committee will encourage the development of a Subdivision of outstanding architectural statements, and the repetition of home designs will be limited. The Committee will encourage homeowners to use plans which have not been previously used in the Subdivision.
3.3 No residence, building, fence, wall or other structures shall be commenced, erected or maintained, nor shall any addition, change or alteration of any kind therein be made until plans and specifications showing the nature, kind, shape, height, materials, floor plans, elevations, exterior color schemes, locations, garage door and garage specifications, the grading plan of the lot, plans for landscaping of the lot on which the improvements are to be erected, and such other matters as the Committee may require shall be submitted to and approved in writing by a majority vote of the Committee and a copy thereof as finally approved lodged permanently with the Committee.
3.4 Two (2) set of plans, including lot plan, $100.00 Review Fee, and $1,500.00 Damage Deposit minus the $700.00 Sidewalk Assurity Deposit given at closing, must be submitted for Committee approval before construction on any lot or home site can begin. One (1) set will be signed and returned to the owner, and the other will be retained by the Committee. The submittal of two (2) sets of preliminary plans with front elevations and plot plan is encouraged in order to expedite final approval and prevent redrawing of plans by home designers and architects and to limit repetition or architectural styles.
3.5 In the event, the Committee fails to approve or disapprove within forty-five (45) days after any matter, including plans and specifications, has been submitted to it, approval shall not be required by the Committee; however, all other provisions of these Restrictions shall continue to apply.
3.6 No building shall be erected, altered, placed or permitted to remain on any one of the said lots other than one (1) detached single family swelling, a private garage or carport for not more than five (5) cars, and other accessories incidental to residential use of said lots, such as swimming pools, bathhouses and/or gazebos as provided in these Restrictions.
3.7 In order to assure that location of houses will be harmonious, that the maximum amount of view will be available to each house, that the structures will be located with regard to the topography of each individual lot, taking into consideration the location of other houses, large trees, common facilities and similar consideration, the Committee reserves unto itself, its successors and assigns the right to control absolutely and solely to decide the precise site, location and orientation of any house, swelling or other structure upon all residential building sites; provided, however, that such location shall be determined only after reasonable opportunity is afforded the lot owner to recommend a specific site.
3.8 No residence shall be erected on any lot in Bayou Landing Estates Subdivision containing, exclusive of porches, breezeways, garages and carports, cabanas, workshops, exterior bathrooms or the like, less than:
Living Area Square Footage Minimums & Maximums:
Lots 1 thru 80 3000 square feet minimum living area
3.9 All residences shall be constructed with at least eighty (80%) percent of the ceilings on the ground floor not less than nine (9’) feet high.
3.10 Unless otherwise approved in advance by the Committee and except as otherwise shown on the final plat of the Subdivision, front rear and side minimum building setback lines shall be as follows: (See Exhibit A)
3.11 Lots shall be graded to direct drainage to the street except for lots naturally sloping away from the street subject to the approval of the Committee. During and after construction, erosion shall be controlled by completely sodding exposed slopes. The use of the exposed drain pipe or impervious swale lining is prohibited. Each home site shall have drainage swales along the rear and side property lines sloping toward the street and/or near swale ditches. Lot owners are responsible for maintenance of these swales at all times.
3.12 Driveways shall be constructed no nearer that one (1) foot from the side property line. A turning radius or not less than twenty one (21) feet for entering the carport or garage shall be required. Driveways shall be constructed of concrete and shall have a width of not less than eleven (11) feet flaring to fifteen (15) feet at the street curb. No driveway shall be permitted adjacent to another except where the configuration of lots dictates it necessary and then it must be approved by the Committee. Walkways shall be constructed on each lot consisting of hard surfaced paths leading from the street or driveway on the front entrance of the home. Walkways shall be a minimum of forty two (42) inches in width.
A.)Sidewalks: Installation of the Sidewalks is the responsibility of the Developer. The Maintenance of the Sidewalks however, is the responsibility of the individual lot owner or builder. Any Damage done to the Sidewalks will be deducted from the lot owner or builders Damage Deposit.
3.13 The following special requirements shall apply to all driveways and walkways:
Driveways and walkways shall be constructed of concrete with borders and expansion joints. Driveway entrance aprons are permitted, but not required. If driveway apron is used in driveway, it shall consist of no-less than six (6) Coursers of brick approximately twenty eight (28) inches. Patterned Concrete or Stained Concrete may not be used instead of true brick.
3.14 All board fences must be a height of at least five (6) feet. Boards must be dog-eared using only wood posts, shadowboxing style with three (3) inch spaces between boards alternating on both sides of the fence and must be built on the property line. Shadowboxing allows for a two sided fence each having an equal finished appearance. Therefore, it is recommended that fence cost be shared by adjoining lot owners. Fences shall not be constructed forward of the front elevation of the residence, except with the approval of the Committee. Chain link or wire fences are prohibited. Brick post may be used in combination with aluminum or wrought iron.
3.15 The Committee has selected specific trees, shrubs, ground covers and vines that complement the prevailing mood of the Subdivision. These theme plants will be utilized throughout for street trees, entry areas, buffers and seasonal variety of color and texture represented by shady live oaks and wonderfully colorful and dramatic crepe myrtles. To reinforce the overall community theme, it is important that the landscaping for each lot complements the mood established in the Subdivision.
Two sets of the landscape plans and specifications showing the name and placement of plant material, as well as quantity and size, shall be submitted for approval. Landscape plans should be submitted with house plans, but in any event not later than black in stage. An example of the minimum requirements is shown on attached “Typical Landscape Plan Phase One” (See Exhibit “C”). The entire front elevation of the home must be landscaped upon completion of the home and prior to occupancy. Within one (1) year the remainder of the landscape planting must be completed. All landscape architects and contractors shall follow the Louisiana Nursery Specifications and Standards. Specific landscape requirements for each home site shall be determined by utilizing the following minimum landscape design standards:
A. The owner shall plant one (1) tree per 2000 square feet of lot area, meaning thaton an average lot of 8000 square feet, four (4) trees would be required. The trees must be a minimum of ten (10) to twelve (12) feet in height and a minimum of three (3) inch caliper (diameter measured twelve (12) inches above the ground).The number of required new trees may vary depending upon the number of existing trees, as credit is given for existing trees and size of installed new trees.
B. 50% of these trees shall be planted in the front yard with the remaining 50%planted elsewhere on the lot.
C. The owner must plant a minimum of thirty (30) shrubs (3 gallon size) of which50% are to be planted in the front yard. This requirement may be altered by the Committee depending on the size of material and overall appearance.
D. Complete sodding of the front yard (and side yards of the corner lots) from the front elevation of your home to the curb of the street, shall be required within thirty (30) days of substantial completion of the residence. Non-certified Centipede is acceptable; however, the Committee may approve Bermuda, St. Augustine, or Zoysia. Except for corner lots, side and rear yards may be spriggedor seeded.
E. The Recommended Plant Material List below contains suggested plant material recommended for your lot. These materials were chosen for their compatibility with both the regional climate and the overall site design theme. Other threes, shrubs and ground covers may be used with the approval of the Committee.
RECOMMENDED PLANT MATERIAL LIST
Trees: Large
Live Oak Southern Red Oak Cypress
Willow Oak Cherry Bark Oak
Trees: Medium
River Birch Savannah Holly Swamp Red Maple
American HollyBradford PearWeeping Willow
Silver MapleSweet Bay MagnoliaDrake Elm
Trees: Small
Crepe MyrtleOriental Magnolia Yaupon Holly
Cherry LaurelSweet OliveWax Myrtle
Parasol TreeSouthern CrabappleWindmill Palm
Purple Leaf Plum Japanese Maple
Shrubs:
BoxwoodHolliesNandina
EleagnusRed Tip PhotiniaSpirea
PittosporumIndian HawthorneMahonia
HydrangeaPyracanthaBanana
CamellliaGardeniaAzalea
PhilodendronDwarf AzaleaSago Palm
LigustrumAbeliaFatsia
Vines:
Confederate JasmineWisteriaCaroline Yellow Jasmine
Fig VineEnglish Ivy
Ground Covers:
LiriopeAsian JasmineAjuga
Monkey GrassBlue Pacific JuniperAspidistra
Louisiana IrisWood FernArdesia
Asparagus FernDaylilliesIndigo
Grass:CentipedeBermudaSt. Augustine
3.16 Address Plaques & Mailboxes. The Developer has designated a type of mailbox, including mounting post as to design, construction, material and color to be used for all Lots in Bayou Landing Estates Subdivision. This mailbox is an Imperial model number 210 with Village Lakes custom logo on each side of box. When a house is built on any Lot, the Owner thereof shall only use the Bayou Landing Estates approved mailbox with custom logo post. Approved mailboxes are to be purchased through Aluminum Accents, LLC, which is Bayou Landing Estates approved vendor (225-278-3967).
The developer has also designated a specific custom address plaque that must be used on all homes in Bayou Landing Estates. This plaque will have the address to the residence along with the street name. It will be a monolithic poured cast aluminum plaque. The color of this plaque shall be up to the discretion of the developer. This plaque shall be located on either side of the front entrance; with the exact location up to the discretion of the homeowner. Approved custom plaques are to be purchased throughAluminum Accents, LLC, which is Bayou Landing Estates approved vendor (225-278-3967). The only numbers allowed on any home in Bayou Landing Estates will be adhesive and temporary until time of occupancy when the custom plaque must be installed.
3.17 The design and location of pools, spas, and hot tubs shall be subject to the approval of the Committee and shall be harmonious with the architecture and landscape design. Pool fences should conform to the city requirements and the requirements for fencing in these restrictions. Pools must have a minimum setback of fifteen (15) feet from the rear property line.
3.18 Radio, television antennas, all large satellite dishes, flag poles, and clothes lines shall be prohibited (except for temporary flag poles and one Small Direct TV Satellite Dishes) any Direct TV satellite dish must be installed out of plain view from the street.
3.19 Outside clotheslines or other outside facilities for drying or airing clothes are specifically prohibited and shall not be erected, placed or maintained, nor shall any clothes, rugs or other items be hung from any railing, fence, hedge or wall.
3.20 Site lighting and security lighting should not infringe upon adjacent neighbors. Utility poles shall be prohibited. Outside music sound producing device and any other mechanical devices shall be subject to the approval of the Committee.
3.21 All homes should be rewired for alarm systems. Alarm systems should be tied into the sheriff‘s office or an alarm control center. Audible alarms are discouraged. If audible alarms are installed they must have automatic cutoffs.
3.21(a) The Developer reserves the right to establish slab and lawn elevations. These elevations require submittal and approval of the Design Committee. This is for hydrology control within the Subdivision.
3.22 Foundations should be properly designed by the builder, designer or architect of your home. The developer does not warrant soil conditions. Parish Regulations should be reviewed carefully for slab elevation requirements.
3.23 The maximum height of the home and accessory buildings shall be thirty-five (35) feet. The maximum height shall be measured from the finished grade of the lot to the highest peak of the roof.