Cross Hill - Covenants

WHEREAS, CROSS HILL LLC, hereinafter known as "Declarant", own certain land, ( " Land" ) on Sawyer and Wells Roads in Cape Elizabeth, Maine, now commonly known as "Cross Hill" which was conveyed by deed recorded in the Cumberland County Registry of Deeds in Book 14719, Page 100 and which is shown on a subdivision plan ( "Plan" ) approved by the Town of Cape Elizabeth Planning Board entitled Dominicus Crossing dated April 15, 1997 and recorded in the Cumberland County Registry of Deeds in Plan Book 197, Pages 435,436,and 437 which land Declarant proposes to develop and improve in accordance with said Plan and

WHEREAS, it is desired that certain agreements, easements, covenants, and restrictions be imposed upon the Land for the protection of the Declarant and its subsequent grantees, their heirs, executors, administrators, successors and assigns; and

WHEREAS, the Declarant desires to assure such grantees and their heirs, successors and assigns owning lots in the Cross Hill subdivision the use, benefit and enjoyment of the "Land" in accordance with a harmonious plan.

NOW THEREFORE, in consideration of these premises, Declarant hereby declares the Land, conveyed to it as noted above, are and shall be held and conveyed subject to the agreements, easements, restrictions and covenants hereinafter set forth which shall inure to the benefit of and be binding upon the Declarant, its successors and assigns, which shall run with the Land but which the Declarant shall be under no obligation to enforce:

1. Lot or Lots. The terms "Lot" or "Lots" shall mean the numbered parcels on the Plan.

2. Use of Property. The Lots shall be used for residential purposes only. A residential unit shall include no buildings or structures other than the following: one detached dwelling house designed as a single family residence, with the exception of Lots: 21, 22, 26, 27, 55, 66 and 67; ( Lots 26,27,55,66 & 67 being hereafter sometimes referred to as the ("Affordable Housing Lots") one garage for private use constructed either as an integral part of the dwelling or a detached building and adapted for the storage of at least two and not more than four automobiles and suitable structures or barns. No business, trade or commercial activity of any kind shall be operated on the Land, provided, nonetheless, that a residence may be used for personal or professional office work by a resident, or customary home occupation, if the conduct of such profession does not entail a measurable amount of increase in the flow of vehicular traffic on the property (if allowed by local zoning or other land use ordinances.) Declarant, or its successors and assigns, may maintain a sales, leasing and management office in any unsold lot, may use unsold lots for display and marketing purposes, and a lot owner may use his/her lot(s) for the construction of buildings and improvements as provided in this Declaration, except as specifically set forth above. No buildings or structures of any kind except for the aforesaid residential structures or related buildings shall be erected, used, maintained, or allowed to stand on any of the Lots. The design and quality of residential dwellings, garages, barns and other buildings and any fencing, including but not limited to architectural materials, colors, textures, building shape, roof lines, window placement, and exterior lighting. Site orientations shall be of character harmonious with the natural beauty of the Land and shall be in accordance with these restrictive covenants, and all plans, specifications and siting for proposed construction shall require prior written approval of the Declarant or its successors or assigns. Declarant’s approval will be evidenced by its stamping of architectural and site plans in connection with the improvements of each lot, and by the signature of an officer or manager of the Declarant on such architectural and site plans. A copy of approved architectural and siting plans shall be given to Declarant. Other than Lots 1, 21, and 22, no lot or parcel of land within the Land shall be further subdivided. This restriction shall not be interpreted to exclude the potential addition of an accessory dwelling unit.

GUIDELINES for the construction and improvement of lots are as follows; These guidelines may be varied by Declarant in its sole discretion, only upon written approval of Declarant:

a. Single-story or ranch-type houses are permitted only if L-shaped with roof pitches that are at least 7 on 12 and have possible expansion area on second floor.

b. Residences shall not contain split foyers. Log structures or log cabin-type homes are prohibited.

c. Man-made siding materials, stucco, T-111 or other plywood-type exterior siding are prohibited on any residence or garage. Concrete clapboards will be allowed.

d. Chimneys to be constructed shall be of stone or brick.

e. Front, side and rear yards shall be graded and seeded to a permanent ground cover. A minimum of $600.00 of front foundation plantings shall be installed, which plantings shall be installed during the first growing season following occupancy.

f. Roof pitches shall be at least 8/12 with reasonable variances given by Declarant, but no less than 7/12. Any such variance shall be in writing. Some area of flat roofs in conjunction with pitched roofs may be permitted in Declarant’s sole discretion.

g. Each residence must have front steps built in place of either masonry or wood. Steps may not be constructed of manmade materials or pre-cast concrete.

h. Driveways shall be a maximum of twelve feet in width except in parking areas & turnaround spaces near garage.

i. The outside parking of trade vehicles, recreational vehicles and camp trailers on Lots is prohibited.

j. No modular or prefabricated homes shall be allowed

k. Temporary structures, storage sheds (in keeping with architectural style of house), fuel tanks etc. shall be screened from view of other Lots. Clotheslines allowed only in rear of property and not visible from street.

3. Structures. With the exception of Lots 1, 21, 22, 26, 27, 55, 66, and 67, no structure or building shall be erected, altered, placed or permitted to remain on any lot other than one single-family dwelling of not less than a 2000 square feet of heated living space (exclusive of garages, porches, cellars and associated living space) together with auxiliary structures, such as private garages, storage buildings, barns, cabanas, pergolas, fences, or in-ground swimming pools and the like, provided that such auxiliary structures shall be consistent with the residential nature of the Lot. Other than Lots 26, 27, 55, 66 and 67, each Lot shall have no less than a two car garage. As to the Affordable Housing Lots, Declarant shall improve each with single family attached residences in accordance with plans and designs submitted to the Cape Elizabeth Planning Board as part of the affordable housing component. Likewise, Lot 55 shall be improved with a single family detached residence in accordance with plans and designs submitted to the Cape Elizabeth Planning Board as part of the affordable housing component. All homes shall display a clearly visible street number.

a. No above-ground pools shall be permitted.

4. Architectural Review. The initial dwelling and associated buildings to be constructed on any Lot, other than Lots 1,21, and 22, must have the written approval of Declarant, its successors or assigns, before construction is commenced. As to the dwelling, the type and style of architecture, and the type and quality of the building materials used, no dwelling or other building erected on any Lot shall be covered with tar paper, asphalt siding, corrugated metal siding but shall be covered with natural wood, stone, or brick siding. The lot owner shall submit to Declarant, prior to commencing construction, a site plan showing all buildings, walks, driveways, and patios, a landscaping plan, floor plans, and elevations showing all facades of each proposed building. Driveways for Lots 2, 22, 28, 33, 34, 48, 57, 58, 65, 68, 71, 82, and 94 shall be located so as to avoid wetlands (except where already permitted by the Town, ME Dept. of Environmental Protection and the Army Corps of Engineers.) and site distance problems. Declarant shall approve such plans if Declarant determines, in its sole discretion, that construction in accordance with such plans will not be detrimental to the Cross Hill development. Upon completion, all dwellings shall be deemed to have complied with this paragraph. The guidelines attached hereto as Exhibit A shall apply to all Lots.

5. Building Envelope. Septic systems, driveways and gardens are not considered buildings by Declarant.

a. Activities in the Building Envelope for each Lot as shown on the Plan, shall be limited to: principal and accessory structures, play equipment, gardens, patios, decks, fencing, swimming pools, tennis courts, lawn areas and other incidental residential activities.

b. Disturbed Areas: shall mean those areas where existing vegetation, grades, and surface conditions are altered by temporary or permanent construction activities.

c. Activities Outside of Standard Building Envelopes: Shall be limited to activities required to maintain a safe, natural, properly drained buffer between lots and public ways and pedestrian easements or walkways as designated on the Plan.

6. Compliance with Ordinance No building shall ever be erected on any Lot hereby conveyed in violation of municipal standards. All sanitary plumbing and sewage disposal shall conform with the minimum requirements of the local governing authorities and State of Maine. Trash, garbage and other wastes shall be kept in sanitary covered containers which shall not be visible from the street or from any other Lot, except for limited periods coincident with trash collection.

7. Maintenance. All lots and buildings thereon shall be maintained in a neat, attractive manner and kept in good repair.

8. Fire Wood. Cut wood shall be stacked neatly behind or on the side of the residence located on any Lot.

9. Wetlands Protection No development, vegetative cutting, clearing, grading or filling shall occur in wetlands areas on a Lot, except as provided for in the approved plans for driveways, walking paths, or in compliance with the municipal codes, state or federal law or Natural Resources Protection Act. A minimum buffer of 25 feet of natural vegetation shall be preserved between all disturbed areas and wetland edges, except for driveway crossings.

10. Motor Vehicles. The designated walking paths shown on the Plan are for foot traffic only. No wheeled or motorized vehicles are allowed.

11. Pets and Animals. The keeping of poultry, swine, or livestock shall be prohibited. No more than five adult household pets shall be kept or maintained on any lot. Horses shall not be permitted unless and until approved as acceptable by the Declarant in its sole discretion and in accordance with all applicable laws and ordinances. All animals shall be restrained so as not to become noisome or offensive to the occupants of any Lots. No boarding or breeding kennels may be kept or maintained on any of the Lots.

12. Surface Water. No owner of a Lot, his /her agents or employees shall alter the natural course of surface water on any Lot. This Paragraph shall not be construed to prevent the proper improvement or drainage easements shown on the Plan.

13 . Antennae/Satellite Dishes. No radio towers or satellite dish-type antennae shall be placed or maintained on any Lot except in a manner which shields the placement of same from view of any other Lots or parcels and roads.

14. Vehicles. No house trailers, business or commercial vehicle(s) or similar vehicles shall be brought upon any Lot except as business vehicle normally used by a Lot owner in his/her business, provided such a vehicle is parked in an enclosed garage. No unregistered vehicles may be kept upon any Lot unless such a vehicle is stored in a garage or other enclosed structure. No tractor trailers may be kept on any Lot. All-terrain vehicles, recreational vehicles, dirt bikes, and snowmobiles may not be used on a Lot, but may be brought on a Lot if they are stored in an enclosed garage. The prohibitions contained herein shall not be construed to prevent the use of trailers, vehicles or temporary structures during the period of actual construction.

15. Nuisances. No owner of a Lot shall do or permit to be done any act upon the lot which may become a nuisance as defined by state or local laws, ordinances or regulations.

16. Signs. Upon completion of construction, no sign of any nature or description shall be displayed or placed upon any part of a Lot except for a "for Sale" sign referring only to a lot or residence, or a sign erected by Declarant to identify the subdivision, or a sign erected by a lot owner to identify his/her name or home occupation which sign shall not exceed one square foot in size.

17. Construction. Construction of the buildings on a Lot must commence within 6 months after approval thereof by Declarant, and work thereon must be completed within one (1) year from the date that construction (including excavation) begins. If construction is not commenced and/or completed as aforesaid, the approval obtained therefore shall be deemed null and void, and the owner of the Lot(s) in question shall be required to re-apply for Declarant’s approval of construction pursuant to this Declaration. Best management practices shall be employed throughout the construction process to prevent soil erosion and sedimentation. Upon completion of construction, the Lot shall be regraded, reseeded or otherwise recovered to assure the prevention of erosion and an attractive appearance to the Lot. All landscaping shall be completed within nine (9) months from the date of completion of the dwelling and garage, and all driveways shall be paved.

18. Utilities. All utilities services shall be underground on all Lots.

19. Preservation of Landscape. Clearcutting of trees on any Lot is prohibited. To the extent that it is consistent with residential use of a Lot, existing vegetation, including significant trees, shall be preserved, particularly along boundary lines with other Lots or open space. Where unprotected large evergreen trees are preserved and may pose a hazard to nearby homes, a forester should be consulted by the Lot owner for advice on safety. Stone walls that may be found on any Lot should be incorporated into the landscape of that Lot whenever practicable. Permissible construction related activities outside of the building envelope on each Lot shall be restricted to include installation of utilities, construction of a driveway, landscaping and removal of dead and diseased vegetation.

20. General Scheme and Separability. These covenants, easements and restrictions are imposed as part of a general scheme for the protection and benefit of Declarant and each subsequent owner of Lots in addition to any provisions of any municipal, county or state ordinance, regulation or law. All present or future owners of Lots are subject to the terms and provisions contained or referred to in this Declaration. The acceptance of a deed for conveyance of a Lot shall signify that the provisions contained or referred to in this Declaration are accepted and ratified by such owner or occupant. All the provisions contained or referred to herein shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in a Lot (except as mortgage security) as though such provision were recited and stipulated at length in each and every deed or conveyance of a Lot. If any one or more of these covenants, or any part thereof, shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining portions hereof, which shall remain in full force and effect.

21. Amendments. This Declaration may be amended at any time and from time to time by written instrument duly executed by the owners of record of sixty percent (60%) or more of the Lots. Any amendment within seven (7) years from the date hereof must be consented to by the Declarant and successors and assigns. Any such amendment shall be recorded in the Cumberland County Registry of Deeds.

22. Rights Retained By Declarant. The Declarant or any successor or assignee company of the Declarant who owns three (3) or more Lots upon which residences have not been erected shall have the right in its sole discretion until construction, marketing and sale of all Lots are completed or other changes the Declarant deems suitable to:

A. Change the size, number and location of Lots, drainage easements, road right-of-way, and other improvements; and the size, layout and location of any Lot for which a purchase and sale agreement has not been executed by the Declarant or with respect to which the purchaser is in default. The change or changes shall be effective upon approval by all regulatory authorities having jurisdiction and the recording of an amendment to this Declaration and/or the filing of a modified subdivision plan indicating the changes made.

B. Locate on the Land, even though not depicted on the Plan, and grant and reserve easements and rights of way for the installation, maintenance, repair, replacement and inspection of utility lines, wires, pipes, conduits, and facilities, including but not limited to water, electric, gas, telephone, fuel oil, and sewer.

C. Connect with and make use of utility lines, wires, pipes and conduits located on the Land for construction and sales purposes provided that the Declarant shall be responsible for the cost of service so used.

This Paragraph 22 shall not be amended without the consent of the Declarant.

23. Exclusion. This Declaration shall not apply to that parcel of land labeled "Land To Be Deeded to Mugar" abutting Lot 28 as shown on the Plan

24. Enforcement. In the event of any breach or violation of any provision or restriction herein, the party who is in breach or violation shall be liable to pay on demand all costs of enforcement of the same, including but not limited to attorney's fees and expenses. Failure to enforce any provision or restriction herein in any particular instance shall not be deemed a waiver of the right to do so as to any continuing, subsequent or other violation thereof.