SW4210601_Deed Restriction/Protective Covenant Form_20240405

dwelling thereon, in the case of a corner lot, no chain link or other restraining
type fencing may be erected nearer the side street than 20 feet. The
maximum height for privacy fences shall be 8 feet. All other fences shall not
exceed 5 feet in height.
6. EASEMENTS:
a) Easements for the installation and maintenance of the utilities and
drainage facilities are reserved as shown on the recorded plat. With these
easements, no structure planting or other material shall be placed or
permitted to remain which may interfere with ,the installation and
maintenance of the utilities, or which may change the direction of the flow
of water through drainage channels in the easements, or which may
obstruct or retard the flow of water through drainage channels in the
easements. The easement area of each lot and all improvements for
which is held by a public authority or utility company shall be the
responsibility of such public authority or utility company.
b) Notwithstanding anything herein to the contrary, the Declarant reserves
the right to create and impose such additional easements or rights-of-way
over any unsold lot or lots for the dedication of a public street, drainage
and utility installation purposes by recording of such appropriate
instruments and the dedication of a public street, drainage, and utility
installation shall not be construed to invalidate any of these covenants.
7. FOUNDATIONS: All dwellings shall have either brick veneer or stone
foundation walls.
8. DRIVEWAYS: All driveways shall be paved or concrete. All driveway tile to
be 15 inch concrete only. All mailboxes must be state approved.
9. ANIMALS: No animals, livestock or poultry of any kind shall be raised, bred
or kept on any lot, except that dogs, cats or other household pets may be kept
provided that they are not kept, bred or maintained for any commercial
purposes and provided they are not permitted to become a nuisance to the
neighborhood.
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10.GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as
dumping ground for refuse or rubbish. Trash, garbage or other waste shall
not be kept except in sanitary containers. All incinerators or other equipment
for the storage or disposal of such material shall be kept in a clean sanitary
condition.
11.TEMPORARY STRUCTURES: No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or other outbuilding shall be used on any
lot any time as a residence either temporary or permanently.
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12.SIGNS: No sign of any kind shall be displayed to the public view on any lot
except one professional sign of not more than one square foot, one sign of
not more than six square feet advertising the property for sale, or rent, or
• signs used by a builder to advertise the property during the construction sales
period.
13.NUISANCES: No noxious or offensive activity shall be carried on upon any
lot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood.
14.PARKING: The parking on the streets or driveways of trucks, tractor trailers,
and commercial vehicles, boats, marine craft, trailers, campers, motorhomes,
motorcycles or any unregistered/unlicensed vehicles overnight is prohibited
within the development. All such vehicles shall be parked in inside enclosed
garages. Only non-commercial automobiles, pickup trucks, or SUVs are
permitted to be parked in the driveway overnight. Parking on yards is
prohibited, Only motorhomes, campers and boats may be kept at least 30
feet from rear corner of the dwelling with a type of shrub screening between
nearest lot line. Commercial signed company vehicles, cars, vans and pickup
trucks are allowed for work purposes but no construction vehicles allowed.
15.SCREENING: The erection of clothes lines and exterior garbage cans shall
not be in the clear view of a public street.
16.ANTENNAE: One satellite dish per lot not to exceed thirty-six (36) inches in
diameter may be installed on the rear or side walls at least fifteen (15) feet
behind the front wall of the dwelling. No other outside antennae are
permitted.
17.STREETS: All streets in this development have been dedicated and
constructed as public streets and have been designed and constructed to the
North Carolina Department of Transportation's Subdivision Roads Minimum
Construction Standards (NCDOT) as required under N.C.G.S. §136-102.6.
Declarant has dedicated the subdivision street Wynnfall in Plat Book 84, Page
57 is a public right-of-way having a proposed width of fifty (50) feet. By the
date of recording of the aforesaid plats, the streets in Wynnfall have been
inspected by the District Engineer of the Division of Highway of the North
Carolina Department of Transportation and have been designated, planned
and constructed according to NCDOT standards, including those related to
grading, roadbed, paving and drainage. Therefore, the right-of-way and
design of the street known as Wynnfall as set forth in plat Book 84, Page 57
have been designated as public and have been found by the District Engineer
of the Division of Highway of the NCDOT to be a public street and to have
been designed and constructed in accordance with the minimum right-of-way
and construction standards established by the North Carolina Board of
Transportation for acceptance into the State Highway System.
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Notwithstanding anything herein to the contrary, the streets may be accepted
by the NCDOT for addition to the State Highway System as the state
maintained roads, upon petition by affected lot owners when a sufficient
percentage of-the lots are individually owned and when there'is sufficient
number of occupied dwellings for each applicable segment of the street,
subject to the NCDOT subdivision roads minimum construction standards as
duly adopted and as amended. Reference is made to the regulations of
NCDOT's subdivision roads minimum construction standards for a more
complete discussion of procedures regulating the admission of the streets into
the state system.
Following such petition, the street will be re-inspected by the NCDOT to
insure that the said subdivision street meets the minimum design and
construction criteria to add to the State Highway System.
Nothing, including, but not limited to, walls, fences, gates, timbers, trees or
plants, shall be erected, placed or permitted to remain in any portion of the
street right-of-way or related sight or drainage easements as shown on the
recorded map of this development. No drainage ditch or swale shall be filled,
tiled, or altered in any way except in accordance with the standards of the
NCDOT. All pipe culverts, storm sewers and appurtenances shall remain free
of all debris and silt build-up and shall be structurally and hydraulically sound,
and shall function in a normal manner. All drainage structures shall be of
sufficient length to accommodate appropriate roadside slopes, as defined in
the NCDOT's Subdivision Roads Minimum Construction Standards, for
standard height headwalls. Extended height headwalls intended to reduce
drainage structure length or to reduce the right-of-way requirements are not
acceptable. All drainage ditches shall be of such a width and depth with such
slope as to carry the anticipated discharges. Paved ditches or rip wrap shall
be required where necessary.
18.DECLARANTS' RIGHT OF MODIFICATION: Declarant has developed this
subdivision pursuant to a general plan or scheme of the development.
However, Declarant reserves the right to cancel, modify or change any of
these restrictions by written consent of Declarant, which-written consent shall
be duly executed, acknowledged and recorded in the Office of the Register of
Deeds of Davidson County, North Carolina, and which written consent may
be given or withheld, within the uncontrolled and sole discretion of Declarant.
Declarant may convey their right to remove, modify or change any restriction,
condition or covenant of this instrument to any person,.firm or corporation by
any instrument in writing duly recorded in the Office of the Register of Deeds
of Davidson County, North Carolina.
19.ENFORCEMENT: Enforcement of these restrictions and covenants shall be
by proceeding at law or in equity against any person or persons violating or
attempting to violate any covenant or condition either to restrain violation
thereof or to recover damages therefore. In the event of enforcement of
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