Restrictions (subject to change)
- These restrictive covenants shall apply to Lots 4 through 27 as further designated and depicted and described on the subdivision plat attached hereto as Exhibit "A" and incorporated by reference as if fully set forth verbatim herein.
- All lots subject hereto shall be for single family residential purposes only and no commercial or professional activities shall be conducted on any of the lots as shown and platted hereon.
- All residential buildings shall be of new materials and construction built on-site and shall have a closed foundation of masonry or concrete. The exterior of each residence shall be constructed of either brick, stone, wood, stucco and/or vinyl siding that is at least 5" high end lap siding, which may also consist of concrete board. Any other materials shall be approved by the subdivision developers, their heirs and/or assigns. Roofs on the main and primary structure of any dwelling shall have a minimum 8/12 pitch. The use of columns on the exterior is permitted, however, they shall be 1" diameter for every 1' in height, i.e., 10' column shall be 10" diameter.
- All single family residential dwellings constructed on Lots 4 through 15 and Lots 23 through 27 shall consist of a minimum of 1650 square feet finished and heated area. All single family residential dwellings constructed on Lots 16 through 22 shall consist of a minimum of 2200 square feet finished and heated area. *For purposes of this covenant, finished and heated areas does not include the area of a basements, garages, attics, porches, and/or patios. All dwellings shall have a minimum of 9' ceilings with 9' studs. No 8' studs with a vault shall be permitted. All bedrooms must have a window and any windows on any structure may not have metal frames.
- Attached garages may be front facing or street facing, but must have at least two (2) separate garage doors with glass panels or carriage house wood doors with or without glass panels. Attached garages should be a minimum of 22' wide and 22' deep. No garage door may be larger that 12' wide, if it is front facing.
- All utilities must be located underground and it shall be the Lot Owner's responsibility to ensure all construction complies with any applicable city permits, restrictions and/or ordinances that may apply. Easements for installation and maintenance of utility lines are reserved over, on and across the lots as provided on the Plat recorded in Plat Book P3 page 532 in the Register's Office of Weakley County, Tennessee. Any drainage ditches must be kept clear and free of any debris and no property owner shall be allowed to divert or change the flow of water in any ditch, without express permission from the developer.
- Driveways shall be concrete or concrete with washed rock finish or hot mix asphalt. No gravel driveways shall be permitted. All driveway culverts shall be a diameter of at least 12" and no larger than 20" and shall be double walled black plastic or galvanized metal.
- All residential buildings shall be completed within one year after constructed has commenced on the structure.
- There shall be no more than one dwelling erected upon any lot within this subdivision. Detached garages or like structures shall be permitted with the subdivision, but such structures shall be constructed and built on-site from the same materials as the principal dwelling and of similar aesthetic appearance to the residence. Pre-built structures and exposed block foundations will not be permitted. All detached structures must be fully enclosed and have minimum dimensions of 22' wide and 24' deep.
- Any trailer, boat, camper, motorcycle, commercial vehicle or other recreational vehicle, including, but not limited to 4-wheelers or side-by-side vehicles, shall be stored in an enclosed garage or located behind fencing, so as to prevent it from being seen from the street. **No junk vehicles shall be permitted on the premises.
- No play equipment (i.e., children's swing set, etc.) shall be visible from the street.
- No security lights shall be permitted to shine directly on adjacent lots or homes.
- No portion of any lot can be used for drying or hanging clothes unless located behind a fence and hidden from the street.
- No window heating and/or air-conditioning unit shall be permitted in either the dwelling or any detached structure. All heating systems must be traditional electric or natural gas. Wood burning fireplaces shall be allowed, however, neither wood nor anything other than electricity or natural gas shall be a primary energy source for heat for a residence or any ancillary buildings on the property. In the event solar panels are desired they shall be roof mounted or placed in a rear yard so they cannot be seen from the street.
- Farm animals of any kind, including, but not limited to, horses, sheep, cattle, goats, and fowl shall not be permitted on any lot within this subdivision. Reptiles shall also be prohibited. The only pets permitted shall be domestic cats and dogs which must be kept in a number and manner that shall not disturb neighbors. Any type of animal "pen" or "run" shall only be allowed if it is situated in a rear yard behind a fence so that is cannot be seen from the street.
- Decorative bird houses shall be allowed to accommodate no more than five (5) nests total per property.
- Produce/vegetable gardens shall be permitted, however, they must situated in a rear yard so that it cannot be seen from the street.
- Satellite dishes or antennas must be located in an area where they cannot be seen from the street.
- No vehicle parking shall be allowed in the street overnight.
- The rear side Lots #21 through #27 have a natural growth of trees/bushes which provide a natural barrier between the lots and the neighboring property owner(s) which may be trimmed, but not removed, unless they are dead. The planting of bamboo on any lot is strictly prohibited.
- Hedges, shrubbery and all landscaping shall be trimmed and maintained in a manner so as to preserve the aesthetic integrity of the subdivision.
- Nothing shall be left or stored on an extra lot or side lot that could be considered a hazard or an eyesore.
- All trash containers shall be kept behind a fence or shrubbery or other location that cannot be seen from the street.
- Fences shall not be allowed to exceed 6' in height above ground level, except for fences surrounding swimming pools. No fence shall obstruct the natural flow or drainage. Fences shall be constructed from wood, vinyl, wrought-iron, and/or metal-railed materials. Chain link fences are strictly prohibited.
- There may be easements shown or noted on the plat for the specific intent and use in developing the subdivision. These easements are reserved solely for their intended use. No structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the maintenance, installation and upkeep of the utilities or site drainage, whichever the case may be. The area as defined on the plat and all improvements for which a public authority or utility company is responsible.
- The enforcement of all of the restrictions and covenants herein 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 recover damages. Any lot owner determined by a court of competent jurisdiction to be non-compliant shall be responsible for all fees, including court costs and reasonable attorney fees, incurred by the other subdivision lot owner(s) to enforce these restrictive covenants.
- The severability or invalidation of any one of these covenants by judgement or court order shall in no way effect any of the other provisions which shall remain in full force and effect.
- After construction starts a "PortaJon" and "Trash Dumpster" are required and must be placed on the construction site at all times during construction. The lot owner is responsible for ensuring the construction site is kept clean during all phases of construction.
- Mailboxes - Each residence will have a uniform Mailbox structure which shall be designated by the developer. The specifications for Post and Mailbox will be uniform throughout the development.
- All swimming pools shall be in-ground pools, no above ground pools shall be permitted. All pools shall be constructed with drainage away from the home and all dirt is to be hauled away. All swimming pools shall be enclosed by a fence in a manner to comply with applicable Laws and Regulations and to prohibit easy access to small children. All swimming pools must be located behind the residential dwelling and may not be located in a side yard.
- Outside or open burning of trash, refuse or other material upon any lot is prohibited. All rubbish, trash, or garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon.
- Maintenance - The Owners will maintain the exterior of all structures on their Lot and their yards, hedges, plants and shrubs in a neat and trim condition at all times so as to prevent an unsightly or unattractive nuisance to the subdivision. Purchased lots upon which no construction has begun shall be regularly mowed so that no grass or weeds shall exceed 6" in height.
- As a courtesy to your neighbors and for security purposes, garage doors should be kept closed when not in use.
- The front of residences shall face the directions as set forth below:
a. Lots #4 through #5 shall face Linden Street;
b. Lots #6 shall face Franklin Drive;
c. Lots #7 through #13 shall face Sarah Lane; and
d. Lots #14 through #27 shall face Franklin Drive.
- No lot shall be re-subdivided for any purpose.
- Any covenant or restriction herein contained may be altered, changed or modified provided that seventy-five percent (75%) of the current owners and the Developer are in agreement and memorialize their agreement, in writing with all amendments thereto being duly recorded in the Register's Office of Weakley County, Tennessee. As long as there exists upon any lot in the subdivision a mortgage loan insured by either the Veterans Administration or the Federal Housing Administration, any change, amendment or release of these restrictions must first be approved by the Veterans Administration and/or the Federal Housing Administration.
- No restriction or provision herein is intended to be or shall be construed as a condition subsequent or as creating any possibility of a reverter.