Buckfield Farms HOA

Declaration of Covenants, Restrictions, and Easements

Apr 16, 2009

BK B214 PG509
STATE OF SOUTH CAROLINA DECLARATION of COVENANTS
COUNTY OF CHARLESTON

WHEREAS, BUCK ACRES INC., a South Carolina Corporation, hereinafter ?“The Developer?” is the owner of certain real property described below, hereinafter to be known as ?“BUCKFIELD FARMS?” located in St. Paul?’s Parish, Charleston County, South Carolina; and

WHEREAS, the Developer wishes to provide for the orderly and desirable development of the real property herein;

NOW, THEREFORE, the Developer, in consideration of the premises and the good and valuable consideration, does hereby declare that these covenants shall run with the land and shall apply to any conveyance of any of the property described herein.

The property subject to the restrictions is described as follows:

ALL that certain piece, or parcel or tract of land, lying, being and situated in Charleston County, South Carolina, containing 302 acres, more or less, and being bounded, now or formerly as follows: on the North by the parallel strip extending 210 feet in a Southwardly direction from US Highway 17, and by US Highway 17, and on the East by lands of Westvaco Corporation and F. Baldwin; on the South by the right-of-way of the Atlantic Coast Line Railroad, and on the West by land of Westvaco Corporation.

More particularly described on the plat of Keith K. Ruddy, RLS dated March 20, 1990 and recorded in the RMC Office for Charleston County on Plat Book BY at page 164. Said tract having such shape, measurements, dimensions, buttings and boundings, as are shown on said plat.

TMS #050-00-00-011
ALSO:

ALL that certain piece, parcel or tract of land, lying situate and being in Charleston County, South Carolina, containing 8.239 acres, more or less and shown as Lot 1, on the plat of George A.Z. Johnson, Jr., Inc., dated August 9, 1989, and recorded in the RMC Office for Charleston County, in Plat measurements, dimensions, buttings and boundings as is shown on said plat.

TMS #050-00-00-023

BEING the same property conveyed to Buck Acres, Inc., by deed of Amery S. English and William J. Platt, Jr., dated December 31, 1991 and recorded in the RMC Office for Charleston County, on January 8, 1992 in Book M-209 at Page 458.

ARTICLE I
HOMEOWNERS ASSOCIATION
1. Developer shall cause to be incorporated the BUCKFIELD FARMS HOMEOWNERS ASSOCIATION, INC., as a South Carolina non-profit corporation, hereinafter referred to as ?“The Association.?” All owners of real property within BUCKFIELD FARMS shall by virtue of their ownership of property at BUCKFIELD FARMS be members of the Association. Only owners and the Developer shall be members of the Association. The purpose of the Association is to preserve the values and amenities of BUCKFIELD FARMS. To that purpose the Association, upon formation, shall establish such by-laws and adopt such policies to accomplish the following:
(a) Establish a Board of Architectural Review to ensure appropriate improvement of the various lots and recreational facilities with the Development. This Board shall consist of the Developer, or his designated representative, and two members elected from the Board of Directors of the Association.
(b) Operation and maintenance of the road.
(c) Establishment of Assessments and their collection from the members of the Association for maintenance of the road.
(d) Adoption, publication and enforcement of such regulations as the Association deems to be for the common good.
(e) Should the Association deem it desirable to dedicate the roads within the
development to the use of the public, then the Association shall be responsible for improving the said roads to such an extent that the same will be sufficient to meet the requirements of the appropriate government authority. To accomplish the same, the Association shall have the right to levy proportionate fees against the members of the association in accordance with its By-Laws.

ARTICLE II
LAND USE

1. All lots shall be used for single family residential purposes and no business activity shall be carried out upon any lot other than customary home occupations as defined by section 30.80.0040 of the Charleston County Zoning Ordinance. There shall be no more than one principal dwelling unit per lot.
2. Accessory Dwelling Unit: One accessory dwelling unit in addition to a principal dwelling structure may be established in accordance with the following criteria:
a. Accessory dwelling unit may be used for the purpose of providing accommodations for family members, caretakers, or may be used as guest quarters.
b. Accessory dwelling unit may be in the form of a detached garage apartment or other detached accessory dwelling unit.
c. Accessory units are allowed only on lots with more than 2 acres of high land.
d. Only one accessory unit per lot is allowed.
e. Two mobile homes on the same lot will not be allowed.
f. Health department approvals for additional dwelling unit must be obtained.
g. All accessory dwelling units must be approved by the Buckfield Farms Planned Development Architectural Review Board (A.R.B.) prior to submittal to Charleston County for Zoning Approval and Permitting.
3. Accessory Structures: Detached structures allowed are barns, stables, storage buildings, garages, swimming pools and gazebos. All accessory structures must be approved by the Buckfield Farms Planned Development Architectural Review Board (A.R.B.) prior to submittal to Charleston County for Zoning Approval and Permitting.
4. Mobile Homes: Mobile homes as principal structures or accessory structures are permitted for a limited time (two mobile homes on same zoning lot is not permitted). Mobile homes are permitted for use as temporary dwelling units while construction is in progress on a permanent dwelling unit for a duration of 12 months, provided they comply with the requirements of the Charleston County Mobile Home Ordinance. Such a temporary dwelling unit shall be removed from the premises within 30 days of issuance of a certificate of occupancy for the permanent structure. All mobile homes
must have underskirting. No mobile homes over 5 years old are permitted unless approved by the A.R.B. This does not imply that mobile homes must be removed after five years. Mobile homes are permitted for residential use only.
5. Campers: In no case shall campers, tents, recreational vehicles or similar temporary structures be used as principal or accessory structures.
6. Motor Vehicles: No more than one inoperable motor vehicle shall be kept, parked, or stored overnight except within enclosed garages. Repairs of inoperable motor vehicles are restricted to vehicles which are the property of the owner or occupier of the lot on which repairs occur. No more than two motor vehicles may be offered for sale, operable or inoperable, which are the property of the owner or occupier of the lot upon which the sale occurs. No commercial vehicle over one ton capacity shall be kept, store, or parked overnight except within enclosed garages.
7. Livestock: Domestic animals, dogs, cats, or other common pets may be kept provided that they are not kept, bred, trained, or maintained for any commercial purpose. Horses, livestock, and poultry are allowed only under special circumstances. All livestock must be approved by the A.R.B.
8. Farming: Farming operations are allowed only under special circumstances. All farming must be approved by the A.R.B.
9. Common Area: Common areas are not created as separate residential lots but are to be privately maintained common areas for the use of the residents. Picnic tables, outdoor shelters, recreational structures, etc. will be allowed upon approval of the A.R.B. It will be the responsibility of the property owners association to maintain this amenity.
10. Entrance Feature: It is the intent to provide the development with an aesthetically pleasing park-like entrance. The maintenance of the signs, landscaping, etc. will be the responsibility of the property owners association.

ARTICLE III
CONSTRUCTION CRITERIA
1. Set backs on all lots shall be as follows:
a. Front yard minimum 50?’
b. Rear yard minimum 50?’
c. Side yard minimum 10?’
d. Wetlands minimum 35?’
2. Lot coverage shall be the same as Charleston County Zoning Ordinance for agricultural-general districts.

3. Height of Structure: No single family residence or structure will exceed 35 feet above FEMA minimum required flood elevations.
4. Accessory Structures Setback: All setbacks shall be the same as listed for III A, setback criteria.
5. Buildings are not to encroach into wetlands.

ARTICLE V
STREET PARKING
No parking will be permitted in the street. All parking will be as specified by Charleston County Zoning Ordinance.


ARTICLE VI
SCREENING/BUFFER AREAS
No screening or buffers shall be required, except along the railroad and around common area.

ARTICLE VII
FENCES AND WALLS
Only masonry, chain link and wood fences will be allowed. Hog wire fences will be allowed only under special circumstances. There will be no chicken wire type fencing allowed. All fences must be approved by the A.R.B.

ARTICLE VIII
STREETS
All roads will be built to meet requirements of the Charleston County road code for earth streets. If the property owners association decides they no longer want responsibility for these roads, it will be the responsibility of the Buckfield Farms Property Owners Association to construct the roads to county standards for paving. The statement that all roads and drainage systems shall be privately owned and maintained by the Buckfield Farms Property Owners Association shall be recorded as restrictive covenants or shall be incorporated in other documents simultaneously recorded with the final plat. These covenants shall include dedication of roadways and drainage to the Homeowners Association so as to insure future maintenance responsibilities. Roads will not be accepted by Charleston County until they have been constructed to county road code standards for paving.

ARTICLE IX
TREES
It will be the responsibility of lot owners to comply with the Charleston County Tree Ordinance.

ARTICLE X
DRAINAGE
The storm water design will be in accordance with the requirements of the Charleston County road code. All drainage easements for storm water within the project will be dedicated to the public and maintained privately. Easements within the project will meet all county requirements.

ARTICLE XI
WATER, SEWER AND OTHER AMENITIES
a. Water supply - individual wells
b. Sewer supply ?– individual septic tanks
c. Trash removal ?– individual contract service
d. Electrical service ?– S.C.E. & G. Co.

ARTICLE XII
PUBLIC SERVICE
A. Fire protection ?– St. Paul?’s Fire Department
B. Police protection ?– Charleston Co. Sheriff?’s Dept.

ARTICLE XIII
SIGNAGE
Main entrance sign for the development will be placed at the entrance in the common area and shall be double sided and not exceed 32 square feet each side. The sign shall not exceed 8 feet in height. No commercial signs are allowed with the exception of realtor signs. Realtor signs shall conform to the Charleston County Zoning Ordinance.

ARTICLE XIV
PUBLIC UTILITIES
Substations or utilities will not require conditional use permits but must obtain site plan approval by Charleston County Planning Department and the A.R.B.

ARTICLE XV
ZONING
The site is presently zoned agricultural ?– general (AG). The Charleston County Zoning Ordinance for AG district shall apply to all areas of this development where not covered by these regulations and guidelines.

ARTICLE XVI
S.C. DHEC COMPLIANCE
All 31 lots must comply with site and soil evaluation requirements for South Carolina Department of Health and Environmental Control for modified subsurface.

ARTICLE XVII
WETLANDS
Freshwater wetlands may not be altered unless a permit is obtained from the U.S. Army Corps of Engineers and the S.C. Coastal Council.

ARTICLE XVIII
SITE PLANS
Site plan approval will be obtained from Charleston County Planning and Zoning Office prior to obtaining building permits. The A.R.B. will first review any and all lot owner?’s plans for construction. Upon approval of said plans, the A.R.B. will stamp Buckfield Farms approval prior to submission and approval by Charleston County Zoning Department. No building, fence, swimming pool, dock, wall, sidewalk, driveway or other exterior permanent improvement shall be commenced or erected on any lot, nor shall any exterior addition or alteration to an existing structure be made until the plans showing the nature, kind, shape, height, materials and location on a site plan of said lot be submitted to the A.R.B, given Buckfield Farms stamp of approval, and also be approved by Charleston County Zoning Department.

ARTICLE XIX
MISCELLANEOUS RESTRICTIONS
1. All rubbish, trash or garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon.
2. No hunting of any type will be permitted in the development, nor will discharge of firearms be permitted therein.
3. No noxious or offensive activity shall be carried on upon any lot or other property, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the neighborhood or other owners. There shall not be maintained any plants or animals, or any devices or things of any sort whose normal activities or existence will in any way diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof. No nuisance shall be permitted or maintained upon any portion of the property. Regularly barking dogs shall be construed as a nuisance per se.
4. The Association or any lot owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereinafter imposed. Failure to so enforce shall not be deemed a waiver of the right to do so thereafter. Invalidation of any one of these covenants or restrictions shall in no way affect any other provision which shall remain in full force and effect.
5. Except as otherwise provided herein, the covenants and restrictions contained herein shall run with and bind the land for a period of ten (10) years from the date hereof, after which time they shall be automatically extended for successive periods of ten (10) years. These restrictions may be amended by instrument signed by not less than sixty percent (60%) of the lot owners. Developer, his heirs and assigns, must approve in writing any and all amendments to these restrictions during the first ten (10) years of their existence.
6. In the event that Buckfield Farms Homeowner Association, Inc. should ever hereafter wish to dedicate its street, rights-of-way and drainage systems to the public and/or the County of Charleston, then, at such time and prior to the County of Charleston accepting such streets, rights-of-way and/or drainage easements for maintenance, the Buckfield Farms Homeowners Association, Inc., would, in such event, be required to meet all requirements of the County of Charleston as to such drainage easements and/or street and/or rights-of-way and the same would have, in such event, to be equal to the standards required by the County of Charleston or such other public body or entity to which said street, rights-of-way and/or drainage easements might desire to be dedicated.
7. In the event that the Buckfield Farms Homeowner Association, Inc. should, for any reason be dissolved or become defunct and/or the rights-of-way, thoroughfares and/or drainage systems should ever revert to the County of Charleston and become a responsibility of the County, for any reason, each such property owner of record would be, in such event, assessed a pro-rata portion of the costs, if any, which would be required to bring such street, rights-of-way and/or drainage systems up to prescribed standards for the County of Charleston. In no event, shall Charleston County be financially responsible for bringing the roads up to County standards.

IN WITNESS WHEREOF, the undersigned, being the Developer herein, has hereunto set his hand and seat this 14th day of May, 1992.
Witness: Buck Acres, Inc.

By_____________________________________
Amery S. English President

FILED
B214 ?– 509
92 May 20 AM 11:50






BK C227PG617
AMENDMENT OF RESTRICTIVE COVENANTS
?“BUCKFIELD FARMS?”
STATE OF SOUTH CAROLINA )
COUNTY OF CHARLESTON )

Whereas Buck Acres, Inc. has made its Declaration of Covenants, Restrictions and Easements dated May 14, 1992 and recorded in the RMC Office for Charleston County on May 20, 1992 in Book B-214 at page 509, and whereas pursuant to Article XIX, paragraph 5, these Restrictions may be amended by written instrument signed by not less than 60% of the lot owners, and whereas the developer still holds title to more than 60% of the lots described therein.
Now therefore, know all men by these presents that we hereby amend said Declaration of Covenants, Restrictions and Easements by substituting the following paragraph for Article II, paragraph 4:
4. Mobile Homes: Mobile Homes are permitted as principal structures provided that a Mobile Home of more than five years of age may be permitted only when approved by the A.R.B. Two mobile homes on the same lot are not permitted. Mobile homes are also permitted for use as temporary dwelling units while construction of a permanent dwelling is in progress for a duration of up to twelve months. Such temporary dwelling shall be removed from the premises within thirty days of issuance of a certificate of occupancy for the permanent structure. All mobile homes must have underskirting and comply with the requirements of the Charleston County Mobile Home Ordinance.

IN WITNESS WHEREOF, THE UNDERSIGNED, being the developer herein, has hereunto set his hand and seal this 31st day of December, 1992.

Buck Acres, Inc.
FILED
C 227-617 By:_____________________________
93 MAY 19 AM 9:50 Amery S. English, President


BK V662PG236

STATE OF SOUTH CAROLINA ) AMENDMENT #2
) RESTRICTIVE CONVENANTS
COUNTY OF CHARLESTON ) "BUCKFIELD FARMS"

WHEREAS BUCK ACRES, INC., has made its Declaration of Covenants, Restrictions, and Easements dated May 14, 1992 and recorded in the RMC Office for Charleston County on May 20, 1992 in Book B-214 at Page 509; and whereas Buck Acres, Inc. caused to be established the Buckfield Farms HomeOwners Association, Inc., for the proper and legal implementation and enforcement of the Declarations of Covenants, Restrictions and Easements pertaining to Buckfield Farms; and whereas Buck Acres, Inc. relinquished its interest in Buckfield Farms; and whereas pursuant to Article XIX, Paragraph 5, these Restrictions may be amended by written instrument signed by not less than 60% of the lot owners.

Now therefore, know all men by these presents that we, the members of the Buckfield Farms HomeOwners Association, by a vote of 60% of the lot owners, amend said Declarations of Covenants, Restrictions and Easements by substituting the following for Article II, LAND USE, Paragraph 4:

4. Mobile Homes: All mobile homes must be pre-approved by the Architectural Review Board. Two
mobile homes on the same lot are not permitted. Mobile homes are permitted as temporary dwelling units while construction of a permanent dwelling is in progress for a duration of one year. Such temporary dwelling unit shall be removed from the premises within thirty days of issuance of a certificate of occupancy for the permanent structure. All mobile homes must have under-skirting and comply with the requirements of the Charleston County Mobile Home Ordinance.

Now therefore, know all men by these presents that we, the members of the Buckfield Farms HomeOwners Association, by a vote of 60% of the lot owners, amend said Declarations of Covenants, Restrictions and Easements by substituting the following paragraph for Article XIX, MISCELLANEOUS RESTRICTIONS, Paragraph 2:

2. No hunting of any type will be permitted in the development. Discharge of firearms is permitted on properties of 30 acres or larger in designated sites approved by the Arthitectural Review Board and only with the express written permission of the property owners, and only between the hours of 10 a.m. and 6:00 p.m., Monday through Saturday, and there will be no shooting on Sunday.

BK V662PG237

THE UNDERSIGNED, being the President of the Buckfield Farms HomeOwners Association, Inc., has hereunto set his hand and seal this 16th day of June, 2008.


By:__________________________
Karl K. Hall, President