Villages at Fairview Farm

Deed Restrictions

Deed Restrictions for Villages of Fairview Farm

Tax parcel Nos.: 11-057.00-001,
11-057.00-016 to 218 (inclusive)
11-054.00-002 to 025 (inclusive)
11-026.00-076 to 081 (inclusive)

Prepared by Cooch and Taylor
P.O. Box 1680
Wilmington, DE 19899-1680

DECLARATION OF RESTRICTIONS
FOR VILLAGES AT FAIRVIEW FARM


THIS DECLARATION is made this 27th day of October 1997, by Fairview Farm, L.L.C., a Delaware limited liability company, (hereinafter referred to as the “Declarant”)

WHEREAS, Declarant is the owner of a certain parcel of land situated in Pencader Hundred, New Castle County, being approximately 289.73 acres, as shown on the Record Major Subdivision Plan, Villages at Fairview Farm, prepared by Landmark Engineering, dated July 11, 1997, and recorded in New Castle County Recorder of Deeds Microfilm No. 12415, (the “Land”), which Land is to be used for residential dwellings, with appurtenant Private Open Space in which lots and Private Open Space are within the description of the Land attached hereto as Exhibit “A”; and

WHEREAS, Declarant’s predecessors in title, Nicholas L. and Shannon N. Swyka, and Charles D. and Barbara R. Stanley, have previously created and recorded a Declaration dated May 18, 1995, and recorded in the Office of the New Castle County Recorder of Deeds in Book 1947, Page 167; and

WHEREAS, Declarant in connection with the development of the Land desires to make known and declare certain conditions, agreements, covenants, easements, reservations and restrictions which shall be applicable to the Land and Private Open Space.
NOW, THEREFORE, the Declarant does covenant and declare that it shall hold and stand seized of all the said Land under and subject to the following agreements, covenants, easements, reservations and restrictions which shall be covenants running with the Land and shall be binding upon Declarant, its successors and assigns for the benefit of all owners of Lots appearing on the Plan.

1. Private Residences. Each Lot shall be used for private residential purposes only and no buildings of any kind, except as hereafter expressly provided, shall be erected or maintained thereon except private dwelling houses, each house being a single family detached home, and being designed for occupancy by a single family. Lots may not be subdivided. Lots may be combined.

2. Animals and Pets. No animals of any kind other than usual household pets shall be kept or maintained on any part or portion of the Lots and no horses, caws, goats, hogs, poultry, pigeons, rabbits, bees, or similar animals shall be kept on any portion of the properties or lots. Household pets are limited to two. No building (s) or improvement(s) shall be erected or maintained on any lot, which shall be used for the habitation, or enclosure of any animal(s)excepting that usual pets may be housed within the dwelling houses. No kennels are allowed. No animal shall be allowed to become a nuisance. Small dog houses are permitted provided they are no more than 3’x 3’, colored to match the residence and against the back of the residence.

3. Trade, Business, Etc. No trade, business, profession or occupation of any nature whatsoever nor any buildings designed or intended for such purposes or for industrial or manufacturing purposes or for any dangerous or offensive trade whatsoever shall be erected, permitted, maintained or operated on any of the land included in said tract; neither shall any nuisance, dangerous or offensive thing, condition, trade or business whatsoever be permitted by the zoning ordinances of New Castle Count for the zoning district in which the Lots are located may be conducted if such home occupation, in addition to compliance with applicable zooming ordinances, also complies with the following:

a. The occupational use is incidental or secondary to the use of the dwelling as a residence;
b. The occupational use shall occupy no more than 25% of the total floor area of the dwelling unit, or 500 square feet of floor area, whichever is less;
c. The occupational use is carried on within the dwelling by one or more persons, which shall include the owner and others who reside in the dwelling. No outside employees are permitted;
d. The exterior of the dwelling shall have an appearance no different that if there were no home occupation conducted inside. There shall be no exterior signs and no displaying of goods visible from the outside of the dwelling;
e. The occupational use shall not emit Noise, odors, light, vibrations or electrical interferences.
f. No parking shall be dedicated to customer or supplier vehicles. No commercial deliveries shall be permitted except those by U.S. postal services, UPS, Federal Express or similar entities. No commercially identified vehicles shall be parked on the premises.

The foregoing provisions shall not prevent the maintenance and carrying on of the business of Declarant, its successors, and assigns, as builder or real estate developer of the Land until such time as all Lots have been sold.

4. Architectural Control. No building, shed, fence, wall, retaining wall, pond, post, cover, swimming pool or other construction shall be commenced, erected or maintained on any lot nor shall any exterior addition to or change or alteration thereof including but no limited to exterior fa?§ade color change and/or change in grade or drainage be made until the plans and specifications showing the nature, kind, shape, color, height, materials, floor plans and proposed location of same shall have been submitted to and approved in writing by Declarant. In granting or withholding any such approval, Declarant shall consider whether such request is in harmony with respect to design and location to surrounding structures and topography. In the event the Declarant or its successors and assigns fail to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval thereof will be deemed to have been given by the Declarant. The Declarant shall have the right to assign the power to approve or disapprove at any time in its discretion, to a maintenance corporation, the members of which shall consist of lot owners or to an architectural Control Committee (Committee), which shall consist of three owners of the record n the subdivision who will be appointed by the Declarant. A majority of the Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time after Declarant may designate the Committee the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the Committee or to withdraw powers and duties from the Committee or restore to it any of its powers and duties.
The following standards shall apply with respect to the approval of fences and swimming pools.
a. Fences. No fence shall be erected on any lot closer to the front street line than the rear face of the principal building on said lot. No fence, except a privacy fence as described below shall be of a height of more than four (4) feet and all such fences shall be post and rail, wood constructed and with no more that three (3) horizontal split rails. Fences, which are four (4) feet high, must have three (3) horizontal rails. The height and width of the entire interior perimeter of such fences may be required by Declarant to be dully covered with wire mesh. In any event, no fence shall be constructed r maintained upon any lot until plans for the design and exact location of the same have been approved by Declarant, its successors or assigns.
b. Privacy Fences. Privacy fences are fences, which enclose only a small portion of the rear yard close to the building itself; for example, a privacy fence may enclose a rear patio. A board on board type privacy fence may be permitted provided it does not exceed a height of six (6) feet and is constructed of wood. In no event shall any privacy fence enclose an area in excess of 500 square feet, nor shall any section thereof exceed 25 feet in length. In any event, no privacy fence shall be constructed or maintained upon any lot until plans for design, color and exact location for the same have been approved by Declarant, its successors or assigns.
c. Swimming Pools, and Swimming Pool Fences. No above-ground swimming pool shall be constructed or maintained on any lot. One in-ground swimming pool on each lot may be permitted to be constructed and maintained. Any in-ground swimming pool must be enclosed with a post and split rail fence no higher than four (4) feet and no more that three (3) horizontal rails. The height and width of the entire exterior perimeter of a swimming pool fence must be fully covered with wire mesh. In any event, no such swimming pool or swimming pool fence shall be constructed or maintained upon any lot until plans for design, color and exact location for the same have been approved by Declarant, its successors or assigns.
d. Dwelling Site. No dwelling shall be erected or used on any lot, the square footage of which shall be less than 1800 square feet, exclusive of all porches, breezeways, basements, garages, terraces, stoops, and the like; and in the event of a multi level or multi-story dwelling, such square footage must be a minimum of 2000 square feet, exclusive of all porches, breezeways, basements, garages, terraces, stoops, and the like.
e. Garages. Garages are required and shall be a minimum size to accommodate two cars, with no front facing doors permitted unless, in the sole judgment of the Declarant, its successors and assigns, the Lot is too narrow to accommodate a side-facing garage in which case an exception may be granted. No detached garages are permitted on the lots.
f. Driveways. Driveways shall be constructed of either cement or blacktop.

5. Accessory Buildings. Any and all accessory buildings erected on lots must be for storage only (lawn and garden equipment). Such buildings must be constructed with roof and siding to match house, have and “A” roof, can only be one story, and can be no larger that 12 feet by 12 feet. Doors must face house. There can be a maximum of two windows. No accessory building may be erected without proper review and approval by the Declarant or Committee prior to commencement of construction. Accessory buildings must be behind the house and contained within an area defined by lines extended from the back corners of the home to the rear of the property line, except where contour and grading does not allow such placement, in which case such placement shall be submitted to the Committee for approval or rejection. Accessory buildings shall be a minimum of 10 feet from property line. No tents, shacks or barns are allowed.

6. Trees, Shrubs and Landscaping. No live trees exceeding eight inches (8’) in diameter at a height of three (3’) from the ground shall be cut without the prior written consent of the Declarant. In the event any such trees are so cut without having first obtained said consent, the owner of the lot on which said tree is so cut shall forthwith replace it with a tree of like size and variety. The consent required herein shall not be unreasonably withheld and shall be deemed to have been given if not denied within thirty (30) days after receipt by the Declarant of a request for same. In granting or withholding any such approval, Declarant shall consider whether such request is in harmony with respect to designs and location to surrounding structures and topography and whether or not such request is consistent with the policy of leaving trees, shrubs and/or landscaping provided or done by Declarant undisturbed for a period of ten (10) years, except for ordinary maintenance, feeding and disease control.


7. Television and Radio Antennas. No television satellite dish, no radio or television receiving or transmitting antenna or other similar device (except a normal consumer television receiving antenna mounted on a roof or chimney), shall be constructed, placed or maintained on the outside of any building or dwelling house on any lot with the exception of eighteen inches (18”) or smaller satellite dishes which may be installed inside the dwelling or on the rear of the house or no further than two feet up the side of the house from the rear corner and shielded with landscaping and bushes from view from any street in the development.

8. Trash Receptacles. Trash receptacles shall be kept in enclosed areas, hidden from view, in rear yard excepting that on regular collection days trash receptacles may be placed temporarily at the curb for trash collection purposes. Each owner or occupant shall take all reasonable steps to prevent his garbage and refuse from omitting odors, which would annoy any other reasonable occupant or owner.


9. Prohibited Vehicles. No Trucks, buses, vans, except non-commercial pickup trucks and vans described below, house trailers, travel trailers, utility trailers, boat trailers or any other kind of trailers, campers, boats, aircraft, recreational vehicles as defined in Title 21 of the Delaware Code as amended from time to time, disabled vehicle of any type, shall be kept or maintained, temporarily or permanently, on any lot, street, driveway within the premises, except that such vehicles may be kept wholly within a closed garage. Pickup trucks up to and including three-quarter (3/4) ton and enclosed vans not exceeding 10,000 lbs. G.V.W. and a height of seven (7) feet are permitted provided such vehicles are not used for commercial purposes. Vehicle repairs, except tire changes and battery service, shall not be conducted within the premises. No mowers, rototillers, tractors or similar vehicles may be stopped, parked, deposited on Lot, driveway, street, road or space; they may be in an enclosed garage.

10. Clotheslines and laundry. No permanent outside clotheslines or clothesline posts are permitted.

11. Maintenance of Lawns, Shrubs, Sidewalks and Drainage Swales. All grass, shrubs, hedges, etc. shall be trimmed and maintained in a neat manner. All sidewalks shall be repaired when required and kept free of snow and ice. Each owner of any lot by acceptance of a deed thereof is deemed to covenant and agree to fully maintain at such owner’s sole cost and expense any and all drainage swales located on his property, free of debris and obstructions with grass and /or plant growth properly cut and trimmed so that drainage water will properly flow through such swales. Erosion shall be controlled by Lot owner at Lot owner’s expense.

12. Signs. No signs of any nature whatsoever shall be erected, placed or maintained on any lot within the premises described, except that a standard single real estate “For Sale” sign, face may not exceed four (4) square feet and to be located in front yard, may be so placed and maintained. Any such real estate sign shall be removed within five (5) days after settlement. “For Rent” signs are prohibited.

13. Vegetable Gardens. No vegetable garden shall be kept or maintained in the side or front yard area of any lot. Any such garden in the rear yard area of any corner lot shall be screened by shrubbery on the street side.

14. Woodpiles. Woodpiles must be screed by adequate planting to conceal them from view by neighboring residences and streets and located in the read yard only.

15. Prohibited Vehicles. No ATV’s, mini-bikes or trail bikes can be operated in subdivision.

16. Window Treatment. All windows from the exterior shall show white or off-white fabric.

17. Ornaments. No statues, sculptures, painted trees, flagpoles, bird baths, replicas of animals, persons or other like objects, except temporary holiday decorations and U.S. and State Flags, with no flag poles, may be affixed to or placed on any lot or building where such object would be visible from any street.

18. Grass Cutting. Until dwellings are constructed, grass, weeds, etc. are to be cut as often as deemed necessary by Declarant and if not will be cut with the cost being reimbursed by the Lot owner.

19. Temporary Buildings. No temporary building, trailer, garage, or building under construction can be used as a residence (temporary or permanent); no contractor shall erect temporary building or shed for the use during construction. Sales trailers are allowed, but must be approved by Declarant. Construction storage trailers, approved by Declarant, may be permitted.

20. Portacans are allowed only during construction and must be behind the front building line.

21. On Lot Materials. No lumber, metals, bulk metals or solid waste shall be kept on lots except during construction.

22. Trash. No dumping of rubbish or garbage on empty lots.

23. Approved Builders. All builders must be approved by Declarant.

24. Terms. These covenants and restrictions shall run with and bind the land and shall insure to the benefit of and be enforceable by the owners of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns for a term of ten (10) years from the date hereof after which time said covenants shall be automatically extended for successive periods of ten (10) years unless nullified by instrument signed be the then owners of two-thirds (2/3) of the lots and recorded in the Office of the Recorder of Deeds in and for New Castle County and State of Delaware.

25. Notification of Sales. It is the responsibility of each property owner to notify the Association of an impending sale and to supply a copy of the restrictive covenants to the prospective purchaser prior to the consummation of the sale, said notice to be given immediately after execution of an agreement of sale.

26. Amendment These covenants and restrictions may be changed, altered or modified, in whole or in part at any time, by and instrument in writing signed by the owner or owners of two-thirds (2/3) of the lots described hereinabove recorded in the Office aforesaid.

Notwithstanding the foregoing at the time of the conveyance of a Lot to any owner, each Lot owner by acceptance of a deed therefore covenants and agrees that the Declarant, so long as it is the owner of any Lots within the Land shall have the absolute right to amend this Declaration without the joinder of any other owners by executing and recording such amendments in the Office aforesaid, if such amendment is:


a. required by Federal, State, County or local law, ordinance, rule or regulation; or
b. required by any mortgagee of improved Lots and dwelling houses in the premises; or
c. required by any title insurance company issuing title insurance to owners and /or mortgagee of same; or
d. required by the Federal Housing Administration, Department of Housing and Urban Development, Veterans Administration, Farmers Home Administration, Delaware State Housing Authority, Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, or by any like public or private institution acquiring, guaranteeing or insuring mortgages or providing any type of financial assistance with respect to dwelling units in the premises.

27. Remedies. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction herein contained. Each person, firm or corporation who is found by a court, in any action to enforce these restrictions and covenants, to have violated any of these restrictions or covenants shall be liable for reasonable attorney’s fees and other expenses incurred in the prosecution of such action. Failure to so enforce any such violations shall in no event be deemed a waiver of the right to do so thereafter. If someone is found to have violated a restriction, whether or not found guilty by a court or otherwise, they are responsible for the reasonable attorney’s fees and expenses incurred in the prosecution of such action, even if it is settled before reaching court.

28. Declarant. The term Declarant includes the person executing this instrument. However, if any other person, firm or corporation engaged in the business of developing the premises and /or construction of homes on the lots contained therein acquires title to more that fifty percent (50%) of the lots in the premises, then such other person, firm or corporation shall by the terms hereof be substituted for the undersigned “Declarant”.

29. Development and Construction. Declarant and any person, firm or corporation with the permission of Declarant and upon such terms as Declarant may impose, may engage in activities prohibited by this Declaration, so long as such person, firm or corporation is engaged in development of the premises and/or construction of homes on the lots contained therein.

30. Amendment by Declarant. Notwithstanding anything herein to the contrary, any Declarant reserves unto itself, which shall be deemed to be a personal reservation for so long as Declarant shall own title to any portion of the Villages at Fairview Farm, the right during such time to amend this Declaration without notice to any party by appropriate instrument in writing signed by Declarant and recorded in the Office of the Recorder of Deeds, in and for New Castle County, State of Delaware.

31. Severability. Invalidation of any one of these covenants or restrictions or portion thereof by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.

32. Terms. Capitalized terms not otherwise defined herein shall have the meaning define in the Declaration of May 28, 1995 (the maintenance declaration).