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COVENANTS & RESTRICTIONS
PROTECTIVE COVENANTS AND RESTRICTIONS ON
THE CLEAR CREEK COLONY
WHEREAS, DANNY SMITH CONSTRUCTION COMPANY, INC., a corporation, is the owner of all the lots constituting the subdivision known as The Clear Creek Colony
, a map or plat of which is on record on the Probate Office of Tuscaloosa County, Alabama which is hereby made in aid of and as part of this description, and:
WHEREAS, DANNY SMITH CONSTRUCTION COMPANY, INC. hereby adopts and approves for The Clear Creek Colony, the following protective covenants and restrictions:
Section 1. General: All Owners and Occupants of any Lot shall be subject to and shall comply with the use restrictions contained in this Declaration, which are incorporated herein by reference. The Architectural Review Board (“ARB”) may, from time to time, without consent of the members, promulgate, modify, or delete use restrictions and rules and regulations applicable to the Lots and the Common Property. This authority shall include, but shall not be limited to, the right to limit the type and size and to set the maximum and minimum speeds of vehicles within the Subdivision. The Board shall also have the authority to impose all other necessary traffic and parking regulations and to restrict the maximum noise levels of vehicles in the Subdivision. Such regulations and use restrictions shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by Seventy-five (75%) Percent of the Total Association Vote.
Any additional covenants imposed on the property within the Subdivision may impose stricter regulations and use restrictions than those contained in, or adopted pursuant to, this Article.
The Association shall have standing and the power to enforce such regulations and use restrictions, and, additionally, each Lot Owner shall have standing and the power to enforce the same with regard to portions of the Subdivision.
Section 2. Use of Lots: No lot will be used for any purpose except residential purposes. No building may be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height.
Section 3A. Architectural Review Board Approval: No building may be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been submitted to and approved by the ARB as to quality of workmanship and materials, harmony of external design with existing structures and plant life and as to location with respect to topography and finish grade elevation.
Section 3B. Architectural Additions: No exterior construction, alteration, addition, or structure of any nature whatsoever (including, without limitation, fences, pools, tennis courts, exterior lighting and treehouses) shall be commenced or placed upon any part of the Subdivision, except such as is installed by the Declarant, or as is approved in accordance with this section, or as is otherwise expressly permitted herein. No exterior construction, addition, structure, or alterations shall be made unless and until the plans and specifications showing the nature, kind, shape, height, materials, and location shall have been submitted in writing to and approved by the ARB.
Section 3C. Design Standards: House plans, site plans, landscape plans, exterior colors and materials, roof colors, and fences must be approved by the ARB.
Some house designs may be satisfactory on one lot, but not on another. Therefore the builder must submit full plans for each lot to the ARB
at least ten (10) days prior to construction loan application and/or
start of construction. Each set of plans must include all
floor plans, floor elevations and roof plan. Any changes
should be clearly marked, dated and initialed.
Exterior materials and colors should be indicated on the Plan Submittal Form (provided by ARB.)
Paint Colors: Prior to paining, all exterior paint colors must be approved by ARB. Paint colors to be approved include, but are not limited to, exterior trim, windows, doors, shutters, gutters, garage doors, railings, and decks. Color chips are to be submitted with the Plan Submittal Form prior to painting, and can not be changed unless approved by the ARB.
Roofs: Roofs shall be gabled or hipped with a minimum pitch of 7:12. All front facing gables shall have a minimum pitch of 7:12. Shed roofs may be used on porches, with a minimum pitch of 4:12. All shed roofs must be approved by ARB.
Roof Colors: The Dell will have a black blend roof color. The Village and the Meadows will have a black, black blend, or weathered wood roof colors.
Brick & Stucco: Brick and Stucco color must be approved by ARB.
The Dell and the Village homes will have brick or stucco fronts.
The Meadows homes will have stucco or brick fronts and sides.
Chimneys: Chimneys on front of houses must be approved by the ARB.
Vent Stacks: All vent stacks must be located on rear slope of roof.
Roof Flashings: Exposed metal roof flashings, stack vents, attic ventilators, and chimney caps shall be painted to match roof color or flat black.
Garage Doors: Garage Doors shall be overhead type.
Driveways: Driveways and sidewalks shall be concrete.
Detached Structures: No detached structure of any kind, including but not limited to garages, tool sheds, or storage sheds, may be erected, placed, allowed, or maintained on any lot unless approved by ARB.
All detached structures must be consistent in design materials and color with the dwelling on the lot.
Front Porch Post: Post that are spindle type shall not be less than six inches in diameter. Post that are square shall not be less than six (6”) inches.
Shrubs: The base shrubs planted against the house must be a minimum of two gallon size.
ARB reserves the authority to reject any proposed design or design detail solely for aesthetic reasons.
Section 4. Construction Period. Before construction begins, each lot owner must maintain and upkeep the lot to comply with ARB’s standards until construction is completed. No improvement shall remain under construction for a period of time exceeding nine (9) months. The ARB shall have the authority, upon written petition of the lot owner, to grant an extension of this period should the circumstances warrant given the weather or other known causes for delay beyond the control of the lot owner, its agents or assigns. The lot owner must make provision on site to dispose of trash and other construction debris.
Section 5. Square Footage Requirements. The following is the minimum square foot requirements for each community in said subdivision:
Dell: Single Story – 1200 square feet
Village: Single Story – 1450 square feet
Multi Story – 1500 square feet
Meadows: Single Story – 2000 square feet
Multi Story – 2000 square feet
Section 6. Set Back Requirements.
Meadows: No building may be located on any lot nearer to the front lot line than the minimum building set back line shown on the recorded plat of the said subdivision. No building may be constructed nearer than seven and one-half (7.5 ft.) feet to the lot line on the bedroom side or ten feet on the garage side.
Village: No building may be constructed nearer than seven and one-half (7.5 ft.) feet to the lot line on the bedroom side or seven and one-half (7.5 ft.) feet on the garage side. No building may be located on any lot nearer to the front lot line than the minimum building set back line shown on the recorded plat of the said subdivision.
Dell: No building may be constructed nearer than five (5 ft.) feet to the lot line on the bedroom side or five (5 ft.) feet on the garage side. NO building may be located on any lot nearer to the front lot line than the minimum building set back line shown on the recorded plat of the said subdivision.
Section 7A. Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of the Subdivision.
Section 7B. Nuisance. It shall be the responsibility of each Owner and Occupant to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition of his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any Lot that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any property adjacent to the Lot. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Subdivision. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes shall be located, installed or maintained upon the exterior of any Lot unless required by law.
Section 8. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding may be used on any lot at any time as a residence, either temporarily or permanently.
No boat, boat trailer, house trailer, horse trailer, camper, motor home or other similar recreational item shall be placed, maintained, permitted, or stored on any lot or street unless housed in an approved carport or garage, or unless adequately screened from public view in a manner approved by the ARB behind the building set back lines.
Section 9. Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the ARB or its designee. Declarant, however, hereby expressly reserves the right to replat any Lot(s) or other property in the Subdivision. Any such division, boundary line change, or replatting shall not be in violation of the applicable subdivision and zoning regulations.
Section 10. Bathroom Requirements. Each dwelling constructed in the said subdivision must have a minimum of two bathrooms containing in each a sink, toilet, and tub/shower facility.
Section 11. Architectural Review Board. The ARB referred to above is composed of Danny Smith, Robert McGugan and Jimmy Burns. If the ARB fails to approve or disapprove any set of plans or specifications for any house within thirty (30) days after they have been submitted, the plans and specifications will be automatically approved; if they comply with the other provisions of these restrictions.
Section 12. Signs. No sign of any kind shall be erected by an Owner or Occupant within the Subdivision without the written consent of the ARB except (a) such signs as may be required by legal proceedings and (b) not more than one “For Sale” sign consistent with the Community-Wide Standard, having a maximum area of five (5) square feet. The ARB shall have the right to erect any reasonable and appropriate signs.
Section 13. Vehicles. Vehicles shall not be parked on any street within the Subdivision. Vehicles shall not be parked on the Common Property or on any portion of a Lot other than the driveway and the garage, except for private party (i.e., Christmas party). Except for “unmarked” automobiles (including minivans) and passenger trucks which are licensed and usually operable, vehicles shall not be parked so as to be visible from any Lot for periods of more than twenty-four (24) continuous hours. The term “vehicles”, as used herein, shall include, without limitation, motor homes, boats, trailer, motorcycles, scooters, trucks, campers, buses, and automobiles (including minivans). The term “unmarked”, as used herein, means not having prominently displayed and visible signs or markings on the exterior surface of the vehicle such as business names or phone numbers, commercial advertising or other similar markings (but not including license plate signs and window decals naming schools, athletic teams, organizations and the like).
Section 14. Animals and Pets. No animals, livestock, or poultry of any kind may be raised, bred, or kept on any lot, except dogs, cats or other household/domesticated pets may be kept, provided they are not kept, bred, or maintained for any commercial purpose. Any and all pet pens(s) or house(s) shall be kept in such a way as not to be visible from the street. The Lot Owner shall plant shrubs around pet pens(s) or house(s). Dogs which are household pets shall at all times, whenever they are outside a Lot, be confined to a leash. Without prejudice of the ARB’s right to remove any such household pets, no household pet that has caused damage or injury may be walked in the Subdivision.
Section 15. Clotheslines, Garbage Cans, Woodpiles, etc.. All clotheslines, garbage cans, woodpiles, and other similar items shall be located or screened so as to be concealed from view of neighboring Lots, streets, and property located adjacent to the Lot. All rubbish, trash, and garbage shall be regularly removed from the Lot and shall not be allowed to accumulate thereon. Notwithstanding the foregoing, the ARB reserves the right to provide and maintain a dumpster for the use of residents within the Subdivision. Declarant, however, hereby expressly reserves the right to dump and bury rocks and trees on the property within the Subdivision as needed for efficient construction and to allow developers and builders within the Subdivision to do so.
Section 16. Sight Distances. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways may 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 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 to any lot within ten feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree may be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
Section 17. Tree Removal. No trees which are left on the Lot at closing shall be removed without the express consent of the ARB or its designee, except for diseased/dead trees and/or trees needing to be removed to promote the growth of other trees.
Section 18. Exterior Appearance. All exteriors of the residence shall be kept up in a neat and orderly manner and the yard shall be kept clean, neat, cut and orderly. This includes the requirement of keeping the residences appointed and otherwise looking nice on the exterior and refraining from littering or cluttering the front yards with items including but not limited to toys and swing sets, etc.
Section 19. Garages. A garage door shall be required unless waived by the ARB. Side entrance garages are required for the “Meadows on Parkway.”
Section 20. Garage Conversion. No garage (whether attached to or detached from a residence situated on a lot) may be demolished or converted to any use other than as a garage (including, without limitation, a conversion to use as enclosed living area, screened or glass porch or patio) without the prior written consent of the ARB.
Section 21. Swimming Pools. Above ground swimming pools shall not be permitted in the Subdivision. All pumps for swimming pools shall be placed in such a way not to be visible from the street.
Section 22. Sod Requirements. Prior to occupation, the front and side yards of a lot upon which improvements are constructed shall be sodded to a point event with the two rear corners of the dwelling built thereon.
Section 23: Antennas. No exterior antennas of any kind shall be placed, allowed, or maintained upon any portion of the Subdivision, including any Lot, without prior written consent of the ARB or its designee. However, the ARB reserves the right to (but shall not be obligated to) erect a master antenna, satellite dish or other similar master system for the benefit of the Subdivision.
Section 24. Gardens, Basketball Goals, Etc. Grass, ornamental plants and shrubbery (and only the foregoing) may be planted in the front or side yard of any Lot. All other planting may be done only with prior written approval of the ARB or in accordance with the guidelines previously established by the ARB. No vegetable garden, hammocks, statuary, or recreational equipment may be placed, erected, allowed or maintained upon any front or side yard of Lot. This provision shall not, however, apply to basketball goals. Basketball goals may be installed after the type and location has been approved by the ARB.
Section 25. Firearms. The use of firearms in the Subdivision is prohibited. The term “firearms” includes “BB” guns, pellet guns, handguns, rifles, and small firearms of all types.
Section 26. Solar Devices. No. artificial or man-made device which is designed or used for collection of or heating by solar energy or other similar purposes shall be placed, allowed, or maintained upon any portion of the Subdivision, including any Lot, without the prior written consent of the ARB.
Section 27. Fences. No fence or fencing type barrier of any kind shall be placed, erected, allowed, or maintained upon any portion of the Subdivision, including any Lot, without the prior written consent of the ARB. Under no circumstances shall any fence be placed, erected, allowed or maintained closer to any street than the rear of the residence constructed on such Lot without written approval from the ARB. The ARB may issue guidelines detailing acceptable fence styles or specifications, but in no event may a chain link fence or hog wire fence be approved.
Section 28. Mailbox. All mailbox and mailbox posts shall be of standard design as specified by the Declarant.
Section 29. Street Signs, Entry Features, Etc. Owners shall not alter, remove or add improvements to any entry features or street signs constructed by the Declarant on any Lot, or any part of any easement area associated therewith without the prior written consent of the ARB.
Section 30. Lighting. The following exterior lighting may be installed without the necessity of obtaining the prior approval of the ARB or its designee: a) seasonal decorative lights during the Christmas season; b) illumination of other than the front or side yards of a Lot; c) illumination of model homes and entrance features constructed by the Declarant; and, d) other lighting originally installed by the Declarant. Plans for all other exterior lighting must be submitted and approved. Decorative post lights will not be approved unless they confirm with established street lighting. No light may be placed on a lot that would be obnoxious or lead to the discomfort of adjoining lot owners.
Section 31. Drainage. Catch basins and drainage acres are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant of any Lot may obstruct or rechannel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains. Declarant reserves the right to prepare sloping banks, cut or fill, on a three (3) to one (1) slope on all streets and roads. Declarant hereby reserves a perpetual easement across all Subdivision property for the purpose of altering drainage and water flow. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Party or Person causing the damage as its sole expense.
Section 32. Soil. Declarant makes no warranty concerning soil conditions and each Lot Owner should satisfy themselves concerning foundation requirements prior to constructing any improvements thereon.
Section 33. Homeowner’s Association. The owner has caused the Clear Creek Colony Homeowners Association, Inc. (herein after referred to as to the Association) to be formed. The Articles of Incorporation of the Association are filed in the Probate Office of Tuscaloosa County, Alabama in Incorporation Book 119 at Page 367. At the time of the execution of this instrument, the By-Laws are on file in the office of the Association. The Articles of Incorporation and By-Laws shall apply to the entire subdivision of The Clear Creek Colony. The responsibilities, duties and obligations of the Associations as set forth in the Articles of Incorporation and the By-Laws shall apply to any and all phases of the Clear Creek Colony.
Title to each lot in The Clear Creek Colony and in future phases, if developed, carry with such title the right to cast one vote on the basis of one vote per one lot at any regularly or specially called meeting of the members of the Association. Membership in the Association shall be pertinent to and may not be separated from the ownership of the lots of this subdivision.
It is anticipated that future phases of The Clear Creek Colony, if developed may contain certain common areas, that the streets may have medians containing street lights, a water sprinkling system, shrubs, trees, bushes, and other landscaping and a community center, pool, softball and soccer fields, and other recreational facilities and that a sign may be constructed at the entrance of The Clear Creek Colony. The care and upkeep of these common areas and any other common area as well as the payment of all utility bills associated with the street lights or water sprinkling system and all security shall be the responsibility of the Association and shall be governed by the Articles of Incorporation and By-Laws of the Association.
Section 34. Covenants. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date these covenants are recorded, after which time said covenants shall automatically be extended successive periods of ten years, unless an instrument signed by a Seventy-five (75%) Percent majority of the then owners of the lots which have been recorded, agreeing to change said covenants in whole or in part. The fee to maintain the landscape and lighting shall remain in effect for the initial twenty-five (25) years and may not be amended by the Association or any other group of lot owners.
Section 35. Enforcement. Enforcement may 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, including but not limited to, attorney fees and court costs.
Section 36. Invalidation. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
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