"Architectural Control Committee" or "Committee" or, in
abbreviated form, "ACC" shall mean the Developer or its successor
designated in written instrument properly executed and recorded with the Register
of Deeds. When Developer shall have
sold all Lots in all of the subdivisions designated as "WOODLAND MANOR",
whether in one or more plats, the owners of the Association shall constitute
an Architectural Control Committee consisting of not less than three nor more
than seven persons, as specified from time to time by the bylaws of the Homes
Association. When Developer shall have sold all Lots in all of the subdivisions
designated as "WOODLAND MANOR", whether in one or more plats, the
members of the Architectural Control Committee shall be appointed by the Board
of the Association. The Committee shall be empowered to utilize professional
consultants as may be approved by the Board.
"Homes Association" or "Association" shall mean an organization
representing all owners of Lots restricted hereby, with definite rules for
the conduct of its affairs and allowing for the participation of all owners.
"Community" shall mean the subdivision or subdivisions which are
generally made subject to these declarations.
"Owner" shall mean a person having the right to occupy any Lot,
whether by fee title or contract to purchase which would be recognized to
give the person equitable rights in the title under Kansas law. With respect
to prohibited actions or activities upon any Lot,
"Owner" shall also include persons occupying under lease or other
agreement with the holder of an interest in the fee title.
PERSONS BOUND BY THESE RESTRICTIONS
All
persons and corporations who may own or shall hereafter acquire any interest
in the above described Lots hereby restricted shall be taken to hold and agree
and covenant with the Owner of said Lots, and with its successors and assigns,
to conform to and observe the following covenants, restrictions, and stipulations
as to the use thereof and the construction of residences and improvements
thereon for a period of time ending on December 31, 2034, provided, however,
that each of said restrictions shall be renewable in the manner hereinafter
set forth.
Each grantee of the Developer or of any Owner of a Lot, by the acceptance
of a deed, and each purchaser under any contract for a deed of conveyance,
and each purchaser under any agreement of sale, and each occupant of a Lot,
and the heirs, successors and assigns of the foregoing persons, accepts ownership
and occupation within the community subject to all restrictions, conditions,
covenants, reservations, liens and charges, and the jurisdiction, rights and
powers created or reserved by this Declaration, and all rights, benefits and
privileges of every character hereby granted, created, reserved or declared,
and all impositions and obligations hereby imposed shall be deemed and taken
to be covenants running with the land.
Notwithstanding anything contained in this Declaration to the contrary, none
of the restrictions contained in this Declaration shall be construed or deemed
to limit or prohibit any act of the Developer, its employees, agents and subcontractors,
or parties designated by it in connection with the construction, completion,
sale or leasing of the Lots, or any part of the Community owned by the Developer.
SECTION I. - USE OF LAND:
None
of the Lots hereby restricted may be improved, used or occupied for other
than private residence purposes, and no two family homes or multi-family homes,
although intended for residence purposes, may be erected thereon. Any residence
erected or maintained on any of the Lots hereby restricted shall be designated
for occupancy by a single family and each such residence shall have an attached
and enclosed garage designed for the parking therein of at least two (2) passenger
vehicles. Each residence must have an attached, fully enclosed side-entry
or front-entry garage and may not have more than four (4) garage automobile
entrances (with a double-wide door being counted as two entrances), provided,
however, the ACC may (but shall not be obligated to) approve a rear-entry
garage or more than four (4) garage automobile entrances. Garages shall have
the same architectural treatment and be constructed of the same materials
as the house. Garages shall remain closed except when vehicles are entering
or exiting. No garage will be permitted to be enclosed for living or used
for purposes other than storage of vehicles and related uses. All off-street
parking surfaces and driveways shall be initially constructed and thereafter
maintained with concrete. No flag poles,
pumps, play structures, trampolines, Outbuildings or similar objects, regardless
of the materials used or the intended purpose or use thereof, may be erected
or maintained on any of the Lots hereby restricted without the prior consent,
in writing, of the ACC. The ACC shall not approve a swingset or other play
structure unless it is constructed of treated lumber.
No business or commercial enterprise of any nature shall be conducted
on the land herein described if prohibited by municipal ordinance, provided,
always, however, that the Developer reserves the right, for itself or its
designated real estate representative, to maintain a residential real estate
sales office upon any of the herein restricted Lots owned by it for the purpose
of promoting, advertising for sale, showing and selling Lots, either improved
or unimproved, within WOODLAND MANOR.
SECTION II. - REQUIRED HEIGHT
OF RESIDENCES:
Any
residence erected on any of the Lots hereby restricted shall not be more than
two (2) stories in height, provided, however, that a residence more than two
(2) stories in height may be erected thereon with the prior consent in writing
of the ACC.
SECTION III. - FRONTAGE OF RESIDENCES
ON STREETS:
Any
residence erected wholly or partially on any corner Lot
shall front or present a good frontage on the Street designated by the ACC.
SECTION IV. - SETBACK OF RESIDENCES
FROM STREET:
(a)
No part of any residence, except as hereinafter provided, may be erected or
maintained on any of the Lots hereby restricted, nearer to the front Street
or the side Street than is the front building or the side building line shown
on said plat of WOODLAND MANOR on the Lot or Lots on which said residence
may be erected, provided, however, that the Developer shall have, and does
hereby reserve the right in the sale and conveyance of any of said Lots, to
change any building line shown thereon. No building may be constructed in
violation of existing municipal zoning ordinances relating to setback of structures.
(b) Those parts of the residence which may project to the front of and be
nearer to the front Street and the side Street than the front building lines
and the side building lines are as allowed by applicable municipal zoning
ordinances.
SECTION V. - REQUIRED SIZE OF
RESIDENCES:
Any residence erected on any Lot
in WOODLAND MANOR shall contain a minimum square footage of enclosed floor
area as follows:
The
Developer may allow limited variance from the foregoing square footage requirements
based on the factors involved in constructing a specific residence, but the
variance cannot exceed 10% of otherwise required minimum floor area.
The words "enclosed floor area" as used herein shall mean and include,
in all cases, areas on the first and second floor of the residence enclosed
and finished for all-year occupancy, computed on outside measurements of the
residence and shall not mean or include any areas in basements, garages, porches,
or attics.
All residences and other improvements shall be located on each Lot
as approved by the ACC and in full compliance with any set back lines or restrictions
shown on the applicable Plat.
SECTION VI. FREE SPACE REQUIRED:
No
residence, including attached garages, attached greenhouses, or porches, shall
occupy a greater portion of the Lot than
is allowed by applicable municipal zoning.
SECTION VII. - RIGHT TO APPROVE
PLANS:
No
building shall be erected, placed or altered on any building Lot in this subdivision
until the building plans, specifications and plot plan showing the location
of such building, have been approved, in writing, as to conformity and harmony
of external design with existing structures in the subdivision, and as to
location of the building with respect to topography and finished ground elevation
by the ACC.
Upon any such request for approval, the party requesting such approval shall
submit simultaneously with said request the following documentation:
(a)
a site plan of the house as it will set on the Lot
and the location of driveways.
(b)
floor plan.
The documentation listed above is intended only as a minimum requirement and
the ACC shall be free to request any and all other documentation that said
Committee in its sole discretion deems necessary. All such documentation shall
be submitted in duplicate and shall be signed by the party requesting its
approval.
Signed, written approval by the ACC is required prior to the undertaking of
any site improvements, construction or installation, including clearing, grading,
paving, signs, structures, landscaping and building additions or alterations.
Review shall be coordinated with the required governmental approvals. Submission
to the city for building permits or site plan approval shall not be made until
final plans have been approved by the ACC. All submissions to the ACC are
to be made within the time periods established by the ACC and shall be in
a format approved by the ACC. The review of each complete submission by the
ACC will be completed within thirty (30) working days from the date of such
submission; and notification of recommendations or approval will be provided
in writing to the Owner within such time.
The ACCs interest in reviewing site and building designs is to assure that
a high quality of compatible development is consistently achieved. In order
to meet special situations that may not be foreseen, it may be desirable from
time to time for the ACC to allow variances of certain requirements; such
variances shall not be considered precedent setting. All approvals and consents
of the ACC shall be in writing, and oral approvals or consents shall be of
no force or effect.
The authority of the ACC shall be exercised in accordance with the following:
(a)
No Residence, fence, wall or other structure, or improvement of whatever type
shall be commenced, erected or maintained within the Community, nor shall
there be any addition to or change to the exterior of any residence, or other
structure or improvement upon a Lot, or the landscaping, grading, or drainage
thereof, including, without limitation, the painting (other than painting
with the same color paint as previously existed) of exterior walls, patio
covers and fences, except in compliance with the plans and specifications
which have been submitted to and approved by the ACC. The ACC may reject plans
and specifications without citing specifics, for the following reasons, among
others:(i) insufficient information to adequately evaluate the design or its
intent; (ii) low design quality; (iii) incompatible design elements; (iv)
inappropriate design concepts or design treatment; and (v) a design found
to have an adverse effect o the character of the Community or its residents.In
recognition of the fact that the overall impact of improvements on any Lot
involves issues of taste and judgment that cannot be completely described
in Design Standards, the ACC shall also have the right to reject plans and
specifications otherwise conforming to the Design Standards if the ACC finds
that the overall aesthetic or other impact of any proposed improvement, addition,
alteration or change is detrimental to the Community.
(b) By its approval of plans and specifications, the ACC shall not be deemed
to have warranted or approved the same for engineering design safety, or for
compliance with zoning, health and building ordinances; by approving such
plans and specifications neither the ACC, the members thereof, the Association,
any of its members, its officers, its Board nor the Developer assumes any
liability or responsibility therefor, or for any defect in any structure constructed
from such plans and specifications. Neither the ACC, any member thereof, the Association,
its officers, its Board nor the Developer shall be liable to any Owner or
other Person for any damage, loss or prejudice suffered or claimed on account
of (i) the approval or disapproval of any plans, drawings specifications,
whether or not defective; (ii) the construction or performance of any work,
whether or not pursuant to approved plans, drawings, and specifications; or
(iii) the development or manner of development, of any property within the
Community.
(c ) Any member or authorized consultant of the ACC, the Developer or its
representatives, or any authorized officer, director, employee or agent of
the Association, may at any reasonable time enter, without being deemed guilty
of trespass, upon any Lot, after reasonable notice to the Owner, in order
to inspect improvements constructed or being constructed on such Lot to ensure
that such improvements have been, or are being, built in compliance with the
plans and specifications approved by the ACC, the Design Standards and this
Declaration.
(d) The Association may promulgate such rules and regulations as it
deems to be appropriate and as are not in conflict with this Declaration in
order to enforce compliance with the Design Standards set forth herein.WITHOUT
LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, THE BOARD MAY FIX FINES
FOR FAILURE TO OBTAIN APPROVAL FROM THE ACC OR TO COMPLY WITH ANY SUCH APPROVAL.
SECTION VIII. - MAINTAINING SIGHT
DISTANCE:
No
vegetation, fence or wall which tends to block the view of traffic shall 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 twenty-five
(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.
SECTION IX. - AUTHORIZED BUILDERS;
REQUIRED BUILDING MATERIALS:
Developer,
while in control of the Association, and the Association thereafter reserves
the right to approve a builder intending to construct a residence.
Only builders who are approved by the Developer or Board, as the case
may be, and who makes his living primarily through the building of single
family residences shall be eligible for consideration.
Building materials shall be such as comply with the applicable municipal code
for residential structures. All wood exteriors shall be covered with a workmanlike
finish of paint, and/or stain, unless another finish is approved in writing
by the ACC. Masonite siding or siding of similar manufacture is not allowed,
provided, however, that the ACC may approve lap siding of Masonite or similar
manufacture.
Roofs shall be of Timberline or similar style composite shingle with minimum
40 year warranty, and the color of weathered wood, or roofs shall be of concrete
tile, clay tile or slate.All colors other than weathered wood must be approved
by the ACC.
A minimum of one heat pump is required for each seperate heating and cooling
system installed for a residence.
Other building materials may be approved by the ACC as improved
products are introduced on the market and have generally proven to be reliable
and of as good or better quality than approved building materials.
The Developer reserves the right to repurchase, at the sales price paid to
Developer, any Lot on which the Owner thereof
fails to begin the commencement of construction of a residence thereon within
four (4) months after approval of the plans for such construction by the ACC.
No building shall be permitted to stand with its exterior in an unfinished
condition for longer than three (3) months after commencement of construction.
The term "commencement of construction", as used herein and in the
preceding paragraph, shall mean the pouring of foundation walls. In the event
of fire, windstorm, or other damages, no building shall be permitted to remain
in damaged condition longer than three (3) months after commencement of construction.Any
Owner of a structure in violation of this section may, in the discretion of
ACC, be assessed an amount payable to the Developer or its success or not
less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00) per
day for every day the violation continues.
The amount provided for herein, if not paid when assessed, shall become a
lien upon the real estate upon which the structure in violation of this section
is located, provided, however, that such lien shall be inferior and subordinate
to the lien of any valid first mortgage now existing or which may hereafter
be placed upon said real estate.Such liens may be enforced by the Developer
or its successor in any court in Johnson County, Kansas,
having jurisdiction of suits for the enforcement of such liens.
SECTION X. - LANDSCAPING:
Each
Lot, when first improved for occupancy shall utilize at
least $1,500 in the plantings including mulch, but excluding any construction
of decorative stone or brick boxes, etc. The $1,500 does not include grading
and sod. Any trees except the city street trees are the responsibility of
the buyer, and the number and size of the yard trees are per city code. The
city street trees are the responsibility of the developer including care,
maintenance and replacement of said trees. After the expiration of the warranty
period the city street trees shall be the responsibility of the owner of the
property. The precise location, size and species of the street trees shall
be determined by the developer in it's sole discretion and shall be in general
conformance with city standards. The ACC shall have authority over the approval
of any landscape plan.
SECTION XI. - OUTBUILDINGS PROHIBITED:
Subject
to the other provisions hereof, no building or other detached structures appurtenant
to the residence may be erected on any of the Lots hereby restricted without
the prior consent in writing of the ACC.
SECTION XII. - FENCES, WALLS, HEDGES AND ABOVE-GROUND POOLS:
No
above ground swimming pool, in any location, and no fence which projects nearer
to the Street than the front corners of the residence, exclusive of garages
or other projections, shall be constructed on any Lot
hereby restricted. No fence, wall, shrub,
hedge, or in-ground or above-ground swimming pool, shall be erected, constructed,
planted or maintained upon any of the Lots hereby restricted without prior
approval as to material, design, shape, location, type and height by the ACC
and said ACC shall not approve any fence, wall, hedge or shrub that violates
Section VIII hereof. The ACC shall fences when the fences; (i) are made of
cedar wood; board on board and five (5) feet in height, unless required by
municipal ordinance to be taller, and then only to the height required by
said ordinances, (ii) are located on the street right-of-way line or other
setback line designated by the ACC or the plat if abutting a street right
of way, and on the side property line if abutting the property line adjoining
another Lot, (iii) are constructed with a gate built into such fence if the
owner is required by law to mow and maintain portions of the Lot on both sides
of the fence, and (iv) do not extend any further forward on the lot than the
rear line of the residence constructed on such lot. The ACC may approve other
fences in the subdivision, if the ACC shall determine that a fence of different
material, style or placement does not harm the overall harmony of construction
in the Community, provided, however, that no fences in WOODLAND MANOR shall
be constructed with unfinished side out, nor if chain link or metal wire.
SECTION XIII. - PETROLEUM TANKS
PROHIBITED:
No
exterior storage tanks shall be allowed on any of the Lots hereby restricted.
SECTION XIV. - OUTSIDE ANTENNAS
OR TOWERS PROHIBITED:
No
external radio, television, satellite dish or other antennae of any kind or
nature or other device for the reception or transmission of radio, microwave
or other similar signals, shall be placed or maintained upon any Lot
without the prior approval of the ACC. All such antennae or other devices
so approved by the ACC shall be completely screened from view outside the
Lot, except that these provisions shall not be deemed to prohibit the installation
of any receiver which may be installed under specific provisions of federal
law which are intended to preclude any contrary state law or contract provision.
A flagpole for display of the American flag only may be permitted, subject
to the ACC approval of placement and design. No flagpole shall be used as
an antenna.
SECTION XV. - RESTRICTIONS ON
MAINTAINING PETS:
No animals
of any kind may be kept, bred, or maintained on any Lot, except a reasonable
number of commonly accepted household pets kept inside the residence and except
not more than two (2) dogs and/or two (2) cats may be maintained on any Lot.
In no event shall any domestic pet be allowed to leave its Owners Lot
unattended by the Owner or create a nuisance. No animal runs or cages shall
be allowed outside of a residence, unless such run or cage is attached to
and runs parallel with the back of the residence, is separately screened,
and is approved by the ACC.
SECTION XVI. - SIGNS PROHIBITED:
No permanent
or temporary sign of any kind shall be displayed to the public view, or from
any Lot, without the approval of the ACC, except for the following temporary signs (Permitted
Signs) (a) such signs as may be used by Developer or any real estate salesperson
retained by Developer in connection with the development and sale of Lots
(whether improved or unimproved) in the Community; (b) such signs as may be
required by legal proceedings; (c) such signs advertising the Lot as being
for sale; or (d) signs promoting political candidates but only 30 days before
and five days after the day of election. Permitted
signs shall not exceed five square feet in total area or be more than three
feet in height, measured from grade.
SECTION XVII. - AUTOMOBILE REPAIRING
AND STORAGE OF AUTOMOBILES, BOATS, TRAILERS,
ETC.:
No boats,
two or three wheeled
motorized vehicles, trucks, trailers, buses, motor homes, mobile homes,
campers, recreational vehicles or other similar vehicles, inoperative motor vehicles of
any nature, delivery vehicles or damaged or rusted vehicles of any other type
or description shall be parked or stored in or upon the Lot except
within an enclosed garage. No vehicle shall be repaired (excepting minor repairs
which are completed in one day) or rebuilt on any Lot.
The Association may remove, or cause to be removed, any unauthorized vehicle
or other item prohibited hereby at the expense of the Owner.
SECTION XVIII. - AIR CONDITIONERS:
No
air conditioning apparatus or unsightly projections shall be attached or affixed
to the front of any residence.
SECTION XIX. - OFFENSIVE ACTIVITIES:
No
noxious or offensive activities, as so defined by the Owners of a majority
of the Lots within WOODLAND MANOR, shall be carried on upon any Lot,
nor shall anything be done thereon which may be or may become an annoyance
to the Community. No Owner shall permit or suffer anything to be done or kept
about or within his Lot, or on, or about, any portion of the Community, which
will obstruct or interfere with the rights of other Owners, occupants, or
persons, or annoy them with unreasonable noises, lights or sights, nor will
he commit or permit any nuisance, or commit or suffer any illegal act to be
committed therein. Each Owner shall comply with the ordinances, regulations
and requirements of all health authorities and other governmental authorities
having jurisdiction over his Lot.
SECTION XX. - MISCELLANEOUS PROVISIONS:
(a)
Garage Doors: All doors on garages located on the Lots hereby restricted
shall be kept closed except when opened for the purpose of parking or removal
therefrom of motor vehicles.
(b) Exterior Clothes Lines and Poles: No exterior clothes lines or
poles may be erected or maintained on any of the Lots hereby restricted.
(c) Exterior Christmas Lights and/or Decorations: No exterior Christmas
lights and/or decorations may be erected or maintained on any of the Lots
hereby restricted except during a sixty (60) day period beginning November
15th of each calendar year.
(d) Garage, Porch or Basement Sales: No garage, porch or basement sales
may be conducted on any of the Lots hereby restricted except upon days specifically
designated for said sales by the ACC. Absent permission
to hold such sales, such sales may be held only on the first full weekend
in June and the first full weekend in October of each year.
(e) Dogs Running at Large: Dogs shall be confined to the Lot
of the Owner(s) thereof.
(f) Exterior Sporting Equipment. No exterior tether poles, trampolines,
volleyball or badminton posts or nets or similar sporting equipment shall
be erected or maintained on any of the Lots or tracts hereby restricted, without
prior written consent by the ACC. The
foregoing sentence shall be deemed to include basketball goals, which shall
require approval of said ACC. Basketball goals, if approved, shall have a backboard
made of glass, plexiglass or other transparent material and shall be placed
on a pole which is of a material other than wood, painted black or must coordinate
with the exterior of the home.
(g) Garbage. No garbage or trash shall be kept, maintained or
contained in any Lot so as to be visible from another Lot. No incinerator shall be kept or maintained on
any Lot. No
refuse pile, garbage or unsightly objects shall be allowed to be placed, accumulated
or suffered to remain anywhere on a Lot.
Trash shall be placed in such designated locations and containers as may be
established from time to time by the trash collector designated by the Association
or the City.
(h) Safe Condition. Without limiting any other provision in
this declaration, each Owner shall maintain and keep his Lot
at all times in a safe, sound and sanitary condition and repair, and shall
correct any condition or refrain from any activity which might interfere with
the reasonable enjoyment by other Owners of their respective Lots. All improvements on a Lot
which are damaged by or destroyed by fire or other casualty shall be repaired
and restored by the Owner thereof with due diligence.
(i) No Obstructions to Drainage. No Owner shall erect, construct,
maintain, permit or allow any fence or structure or obstruction that would
interrupt the normal drainage of the land or within any area designated by
recorded document as a “drainage easement,” or which has been intentionally
contoured to facilitate drainage; provided, however, that with the prior consent
of the City and the ACC,
nonpermanent structures including fences, may be erected in those areas that
contain only underground closed conduit storm drainage facilities.
(j) Solar Panels. Solar panels shall not be erected without
the prior written consent of the ACC,
and in no event shall the same face any street.
(k) Lawn Ornamentation. No lawn ornaments of any kind are permitted
in yards visible from any street without the approval of the ACC.
SECTION XXI. COMMON AREAS:
(a)
The Developer anticipates that it will now or hereafter cause to be platted
certain land identified as lettered tracts in the plat or plats of the subdivision,
which will be deeded to and made subject to the control of the Homes Association
when Developer, in its sole discretion deems the Homes Association sufficiently
financially stable to care for and maintain such land, and such land may contain
recreational or park areas. Upon such plattings, such recreational or park
areas shall be designated on such plat(s) as common areas for the use and
benefit, among others, of the present Owners of all of the numbered Lots shown
on the plats of "WOODLAND MANOR", whether one or more. In addition, Developer may grant to the City
or to the County certain easements so as to make the recreational or park
areas a part of the cohesive pathway park system of the City or County. No individual Owner shall have any right of
view, right to light or otherwise restrict any improvements or alterations
made to the lettered tracts in the subdivision, and the rights of any Owner
abutting any lettered tract shall be restricted to the prevention of physical
invasion across the boundaries of the lot of such owner or the enforcement
of the general laws of nuisance.
(b) Title to Common Areas: Developer may retain the legal title to the common
areas until such time as in the opinion of the Developer a Homes Association
for said subdivision is formed and is able to maintain the same, but notwithstanding
any provision herein, the Developer hereby covenants for itself, its successors
and assigns, that it shall convey the common areas subject to utility easements
and public access easements for pathway park use as the City or County may
require, and subject to these Restrictions, not later than the time when the
Developer or its successor has sold all of the Lots in the subdivision.
The Homes Association shall accept the conveyance of such common areas.
(c) Easements on Common Areas: The right and easements of enjoyment created
hereby as to the common areas shall be subject to the right of the Developer
and of the Homes Association to assign or convey public right of way easements,
sewage, water, drainage and other utility easements over, through or under
all or any part of such common areas.
(d) Rules and Regulations Pertaining to Common Areas: The following rules,
regulations and restriction shall apply to the common areas as the same may
be applicable. In the enforcement of each such rule, regulation and restriction,
Lot Owners shall be responsible for the acts of each resident of their homes
and each of their social and/or business invitees.