Tax Parcel Nos.:11-026.00-132,l33,158 & 159
2842 Pulaski Hwy.
Newark, DE 19702
PERCH CREEK COMMUNITY
DECLARATION OF RESTRICTIONS
THIS DECLARATION, made this 22nd day of July 1993, by NICHOLS DEVELOPMENT, a Delaware general partnership, (hereinafter referred to as the "Declarant".
WHEREAS, Declarant is the owner of all those certain lands situate in Pencader Hundred, New Castle County and State of Delaware, being known PERCH CREEK. as shown on that certain Record Major Subdivision Plan prepared by Landmark Engineering, dated March 24, 1993, of record in the Office cf Recorder of Deeds, in and for New Castle County and the State of Delaware, in Microfilm No.11598, and being more particularly bounded and described as set forth in the attached Exhibit "A" (hereinafter the "Property"); and
WHEREAS, Declarant desires to develop on the Property a residential community for the benefit of said community; and
WHEREAS, Declarant desires to provide for the orderly preservation of property values for the individual dwelling lots and individual dwelling units in said community and, to that end, desires to subject the Property to the covenants and restrictions hereinafter set forth, each and all of which is and are for the benefit of the said Property and each owner thereof.
NOW, THEREFORE, THIS DECLARATION WITNESSTH: The Declarant does hereby covenant and declare that it shall hold and stand seized of the Property subject to the following covenants and restrictions, which shall be covenants running with the land and which shall be binding upon the Declarant, its successors and assigns:
GENERAL USER RESTRICTIONS
Section 1. Private Residences. Each lot in the Property shall be used for private residential purposes only and no buildings of any kind, except private dwelling units together with outbuildings appurtenant to same, such as storage sheds and play houses, shall be erected or maintained on any lot.
No such outbuilding or appurtenant erected or maintained on any lot shall be more than eight (8) feet in height or have a floor area in excess of sixty-five (65) square feet- no such outbuilding or appurtenant structure shall be erected or maintained closer to the front street line than the rear-most wall of the principal structure on the lot: no prefabricated metal sheds or buildings shall be permitted on any lot. In any event, no such outbuildings appurtenant structures shall be constructed upon any lot unless the plans for the same have first been approved by the Declarant in accordance with the provisions of
Section 19, herein.
Section 2. Trailers, Mobile Homes, Etc. No temporary structure, including trailers and mobile homes, shall be permitted or maintained upon any lot.
Section 3. 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, cows, goats, hogs, poultry, pigeons, or similar animals shall be kept on any part or portion of the lots. Breeding of domestic animals of any kind on any part or portion of any lot or lots or in any building or structure thereon, is expressly prohibited. Outbuildings, such as dog houses, rabbit hutches and similar structures shall be constructed of wood, of high quality craftsmanship, be no more than four feet in height, and have a floor area no greater than of twelve (12) square feet. In any event no such outbuildings shall be erected or maintained upon any lot until the required approvals have been obtained in accordance with Section 19, herein.
Section 4. Vegetable Gardens. No vegetable gardens shall be kept or maintained on the front yards or side yards of any lots, nor on the rear yard of any lots where such garden can be seen by pedestrian or vehicular traffic using the walkways or roads adjoining such lot.
Section 5. Television and Radio Antennas, Satellite Dishes and Exterior Mechanical Devices, Etc. No television antennas, radio antennas, satellite dishes, television or radio receiving or transmitting devices, solar energy panels or any other exterior mechanical devices shall be installed, constructed, placed or maintained on any lot, except that the same may be installed, constructed, placed and/or maintained if it is confined within the interior of the dwelling unit. Exterior holiday lights and/or ornaments shall be permitted, provided that such lights and ornaments are removed no later that January 15th of any year.
Section 6. Trash Receptacles. Trash receptacles shall be kept in clean, sanitary and enclosed areas, hidden from view, excepting that they may be placed temporarily at street side on the regular day of collection if required by the collection agency.
Section 7. Prohibited Vehicles. No trucks. buses, travel trailers, boat trailers, boats, utility trailers, commercial vans, tractors, campers or vehicles immobilized for any reason, shall be kept or maintained on any street, lot or driveway, except that pick-up trucks up to and including three-.quarter (3/4) ton shall be-permitted, provided and enclosed vans up to 10,000 pounds G.V.W. shall be permitted, provided they do not exceed a height of seven (7) feet.
Section 8. Signs. No signs of any nature whatsoever shall be erected, placed or maintained on any lot within the property, described, except that a single real estate "For Sale" sign may be so placed and maintained. but must be removed within five (5) days of settlement on such lot.
Section 9. Fences. No enclosing or non-enclosing fence or barrier (hereinafter the "fence") shall be erected on any lot closer to the front street line than the rear-most wall of the principal building on said lot except for fences on corner lots that may extend from the rear yard toward the side street, but under no circumstances may the fence be closer to the street than the building setback line. No fences. except as provided for In Section 11 and Section 12 herein, shall be of a height of more than four (4) feet and all such fences be Post and Rail, or Split Rail, hardwood constructed, with three (3) horizontal rails. The height and width of the entire interior perimeter of such fences must be fully covered with green wire mesh. In any event, no such fences shall be constructed or maintained upon the lots until the plans for the same have been approved by Declarant, in accordance with the provisions of Section 19 herein.
Section 10. Swimming Pools. No swimming pools whatsoever shall be constructed or maintained on any town house lot, except that children's wading pools, not exceeding two (2) feet in height, shall be permitted. No above ground swimming pools shall be constructed or maintained on any single family lot, except that children's wading pools, as described herein above, shall be permitted.
Section 11. Privacy Fences. Privacy fences are defined as those types of fences which enclose only a small portion of the rear yard, twenty-five (25) feet from the rear-most wall of the principal building itself; for example, a privacy fence may closely enclose a rear patio. Such fences are permitted provided they do not exceed a height of six (6) feet and are constructed of wood materials. In no event shall said privacy fences enclose an area in excess of four hundred (400) square feet nor shall any section thereof exceed twenty-five (25) feet in length. In any event, no such fences shall be constructed or maintained upon the lots until the required approvals have obtained, in accordance with Section 19.
Section 12. Screening Fences. Screening fences are defined as those types of fences which are erected alone the side property line between town house lots. Such fences shall be permitted provided they do not exceed a height of six (6) feet and are constructed of wood materials. In no event shall said screening fences extend more than twelve (12) feet from the rear-most wall of the principal building. In any event, no such screening fences shall be constructed or maintained upon the town house lots until the required approvals have been obtained, in accordance with Section 19.
Section 13. Trees, Shrubs, and Landscaping. Any and all trees, shrubs and/or landscaping planted or provided by the Declarant, its successors or assigns on any lot to comply with the Record Landscape Plan for Perch Creek, must remain undisturbed for a period of ten (10) years, except for ordinary maintenance, feeding and disease control.
Section 14. Lawn Mowing. The owner of each lot shall be responsible for the maintenance of grass and weeds thereon and shall mow said lot at least once during each of the months from March through November of each year.
Section 15. Yards. No statues, sculptures, painted trees, bird baths, ornaments, or replicas of animals or other like objects may be affixed to or placed on any lot or building.
Section 16. Trampolines, Basketball Goals. No trampolines of any kind whatsoever shall be erected or maintained on any lot. No basketball goals shall be permitted, except that the same may be erected, installed, constructed place and/or maintained in the rear yard, no closer to the front street line than the rear-most wall of the principal structure an the lot.
Section 17. Window Treatment. All windows from the exterior shall show white or off-white fabric or color compatible with the color of the exterior finish of the dwelling.
Section 18 Clothes Lines. No permanent outside clothes lines or clothes line posts shall be erected or Maintained on any lot, except that portable outside clothes lines are permitted, provided same are utilized for clothes during daylight hours only.
Section 19. Review of Plans. Notwithstanding anything contained herein to the contrary, no outbuildings, buildings, structures of a temporary or permanent nature, swimming pools, fences or other construction or improvements shall be constructed, erected, or placed upon any lot, nor shall any exterior addition to or change or alteration thereof, including but not limited to exterior facade, color change and/or change in grade or drainage be made until the plans and specifications, with illustrations, showing the nature, kind, shape, color, height, materials and proposed location of same, shall have been submitted to and approved in writing by the Declarant. In the event the Declarant or its successors or assigns, falls to approve or disapprove such architectural change request within thirty (30) days after receipt of said plans and specifications, approval thereof will be deemed to have been given by the Declarant.
The Declarant, its successors or assigns, in connection with the review of said plans, specifications and illustrations, shall have the right to approve or disapprove any such matters which in his, her or its opinion are not suitable or desirable to the community. In passing upon such plans and specifications, Declarant or it's successors or assigns, shall consider the following factors:
a) The quality, aesthetic suitability, nature, kind, shape of the proposed building or other structure;
a) The color, height and materials of which it is to be constructed;
b) The specific site upon which it is proposed to construct or erect the same;
a) The harmony of the proposed change, alteration, addition, building structure with structures on neighboring properties and the outlook and view from the neighboring properties.
b) The effect on the reasonable passage of light and air to the neighboring properties.
For purposes of this Declaration, the Declarant shall have the sole and exclusive right to determine when lot lines and /or street lines shall be "front or "side" lines.
Section 20 Day Care Centers, Kindergarten, Preschools. No day care, kindergarten, or preschool will be permitted on any lot except that a Family Day Care Home shall be permitted provided it meets all applicable county and state standards and licensing requirements. A Family Day Care Home means a facility in a private home that is operated by one or more persons duly licensed, or qualified to be licensed, by the State of Delaware for the purpose of providing child day care for one (1) to not more than six (6) children at any one time who are not relatives of the day care provider.
CHANGES IN THE DECLARATION AND RECORD PLAN
1.) These covenants and restrictions may be changed, altered, modified or extinguished in whole or in part, at any time, by an instrument in writing signed by the record owners of two-thirds (213) of the lots described at Exhibit "A," which shall be recorded in the Office of the Recorder of Deeds, New Castle County, State of Delaware, excepting, however, that the Declarant, so long as it is the owner of any of said lots shall have the absolute right to amend this Declaration
from time to time without the joinder of any other owners by executing and recording an amendment 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/or dwelling houses in the premises; or
c) required by any title insurance company issuing title insurance to owners and/or mortgagees of same; or
d) Required by the Federal Housing Administration, Department or Housing and Urban Development, Veterans Administration, Farmers Home Administration, Delaware State Home Loan Mortgage Corporation, Federal National Mortgage Association, Government National Mortgage Association 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.
2) As long as it owns one or more lots in Perch Creek, Declarant reserves to itself or it successor, the right to amend the Record Plan of Perch Creek.
By acceptance and recording of a Deed for a property in Perch Creek, the grantee, for himself and his successors in title, shall be deemed to have given to Declarant his irrevocable power of attorney for the purpose of executing any such resubdivision plan as owner deems desirable provided such resubdivision plan does not change the boundaries of any lot already conveyed from the developer to a homeowner.
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, either to restrain violation or to recover damages; and failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter or a waiver to enforce the other restrictions contained herein. In the event Declarant incurs any expenses, including attorneys' fees, in connection with its efforts to enforce the terms hereof, the lot owner in violation of these covenants shall also be obligated to reimburse Declarant for all such expenses. Action of enforcement may be brought by the Declarant, its successors and assigns, or any owner of any land which is the subject of this Declaration. Declarant reserves the right to assign its power to modify or enforce these covenants and restrictions by an appropriate instrument in writing, recorded in the Office of the Recorder of Mortgages, in and for New Castle County, State of Delaware.
Invalidation of any one of these covenants or restrictions or any portion thereof by judgment or court order shall in no way affect any other provisions herein, which shall remain in full force and effect.
This Declaration shall bind all lots in the Property owned by Declarant as of the date on which this Declaration is recorded and another lots in the Property as to which the owners thereof have joined in this Declaration by separate writing.
Notwithstanding anything contained in this Declaration, its provisions shall not be applied or construed as to prohibit or impede the construction by Declarant or its successors in title to vacant lots from building or selling dwelling houses, maintaining an office or offices (including trailers) for construction and/or sales, storing construction materials and equipment, or generally carrying on its business as to the development of the Property.