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DECLARATION
OF PROTECTIVE COVENANTS
LEGACY
FARMS
Page 2 of 4
III.
RESIDENTIAL RESTRICTIONS. The following shall be applicable to all lots
and parcels within the development, whether single family or multiple
family, and each owner, as his lot or parcel, covenants to observe and
perform the same:
A. Accessory Outbuildings. No accessory outbuildings (e.g.,
garages or sheds) shall be erected on any lot or parcel prior to the
erection thereon of a dwelling. In no event shall any temporary structure
or trailer or tent ever be used for human occupancy or habitation. Only
such guest houses or servants quarters may be approved in writing by
the Committee as an accessory outbuilding may be used for human occupancy
or habitation. Unattached accessory outbuildings may be constructed
only as may be approved in writing by the Committee.
B. Completion of Construction. Construction of any improvement,
once commenced, shall be pursued diligently to completion. Improvements
not so completed or upon which construction has ceased for ninety (90)
consecutive days or which have been partially or totally destroyed and
not rebuilt within a reasonable period of time shall be deemed nuisances.
Declarant or the Association may remove any such nuisance or repair
or complete the same at the costs of the owner provided the owner has
not commenced required work within thirty (30) days from the Association
or the Declarant posting a notice to commence such work upon the property
and mailing a copy of such notice to the owner at the address appearing
on the books of the Association. Such notice shall state the steps to
be taken to eliminate the nuisance. Neither the Association nor Declarant
nor any of their agents, employees or contractors shall be liable for
any damage which may result from any maintenance work as performed,
nor shall the Association or Declarant, or any of their agents or employees,
be liable for any failure to exercise the right to maintain any parcel
or lot.
C. Prohibition Against Used Structures. No used or existing
or previously constructed buildings or structures, intended for use
as a dwelling or outbuilding, shall be placed on any lot from the date
of recording this Declaration.
D. Maintenance of Lots. All lots and parcels, whether vacant
or improved, occupied or unoccupied, and any improvements placed thereon,
shall at all times be maintained in such a manner as to prevent their
becoming unsightly, unsanitary or a hazard to health. If not so maintained,
the Association shall have the right, after giving thirty (30) days
written notice in like manner as above set forth in Subparagraph B,
through its agents and employees, to undertake such work as may be necessary
and desirable to remedy the unsightly, unsanitary or hazardous condition,
the cost of which shall be added to and become a part of the annual
assessment to which such lot is subject. The Board of Directors has
sole discretion as to what is unsightly or unsanitary. Neither the Association
nor any of its agents, employees or contractors shall be liable for
any damage which may result from any maintenance work as performed nor
shall the Association or any of its agents or employees be liable for
any failure to exercise the right to also maintain any parcel or lot.
E. Disposal of Sanitary Waste. All permanent plumbing fixtures,
dishwashers, toilets or garbage disposal systems shall be connected
to the sanitary sewer system in the development.
F. Fences. Unless specifically restated in a supplemental
declaration, the following general fencing guidelines shall apply. All
property lines from single family dwelling houses to the street shall
be kept free and open. There shall be no fences or walls over five (5)
feet in height anywhere within the development without Committee approval.
There shall be no chainlink, woven wire or any type of wire fence within
the Development, except for backyard pet enclosures and swimming pools
as approved by the Committee for security of [sic] safety purposes.
All fences and walls shall be approved by the Committee prior to installation,
and detailed plans therefor shall be submitted to the Committee as in
the case of other structures. Nothing herein shall prevent necessary
erection of retaining walls required by topography and approved by the
Committee.
G. Nuisances. No noxious or offensive activities or nuisances
shall be permitted on any lot or parcel in the development. No refuse,
unsightly or abandoned vehicles, debris, noxious material, discarded
personal effects, construction materials not for immediate use, compost
materials and similar matter shall be permitted on any lot or portion
thereof. It is incumbent upon all property owners to maintain their
lots and yards in a neat, orderly and well-groomed manner, whether said
lots are vacant or improved.
H. Signs and Lot Numbers. Other than during construction
of a house, no sign, billboard or advertising structure of any kind
may be displayed on any lot or parcel except upon application to and
receipt of written permission from the Committee. The Committee shall
not unreasonably withhold permission with respect to signs advertising
a lot or parcel for sale; however, the Committee may approve such signs
of a standard size and color with space provided for insertion of the
name and telephone number of the seller or sellerís agent, which
signs only shall be used if approved. One sign, identifying the contractor
during construction or advertising a home for sale, is permitted, provided
it is single sided, tan in color with black or green lettering, with
a maximum area of eight hundred (800) square inches and the longest
dimension not greater than thirty-six (36) inches. The sign is to be
on its own post and shall not be placed higher than forty-two (42) inches
from the prevailing ground plain. The sign must be placed no closer
than twenty (20) feet from the nearest roadway and be approximately
parallel to the centerline of the roadway. Wording of contractor sign
shall be limited to the name and phone number of the contractor, the
words "contractor" or "general contractor" if not
contained in the firm name, and the architect or designer and owner(s)
of the home. Subcontractor and materialmen signs are prohibited. Contractor
signs must be removed upon completion of construction. All residences
shall have a designated lot number that is easily viewable from the
road of such design that is consistent with the community and approved
by the Committee. Signs not meeting the standards of size, color and
other specifications set forth herein, or as approved by the Committee,
will be removed from the premises where displayed. They will be held
for fourteen (14) days in the administrative office of the Association
to be claimed by owner. Exceptions to the above criteria may be granted
by the Committee upon application. No other signs shall be permitted
except as specified in this section.
I. Animals. No animals shall be kept or maintained on any
lot except the usual household pets not kept for commercial purposes,
which shall be kept reasonably confined so as not to become a nuisance.
Household pets shall not unreasonably interfere with the comfort, privacy
or safety of other owners within the development. No lot shall have
more than two (2) such household pets. The Declarant may file a supplemental
declaration allowing horses and or 4-H animals limited to cattle and
sheep on specific lots, providing those lots are a minimum of one (1)
acre in size and are in an area where such use would be in keeping with
the physical constraints of the land and in character with the uses
of the surrounding properties.
J. Garbage and Refuse Disposal. There shall be no exterior
burning of trash, garbage or other like household refuse without a permit
from the Committee, nor shall any owner accumulate on his lot junked
or unsightly vehicles or litter, refuse or garbage, except in receptacles
provided for such purposes.
K. Concealment of Fuel Storage Tanks and Trash Receptacles.
Fuel storage tanks and every receptacle for ashes, trash, rubbish or
garbage shall be installed underground or be so placed and kept as not
to be visible from any street, lake, lot, parcel or common area within
the Development except at the times when refuse collections are made.
L. Antennas. Television antennas, satellite discs and antennas
for shortwave or ham radio installations will not be installed on any
lot or parcel without the express written permission of the Committee.
M. Travel Trailers, Motor Homes and Boat Storage. No travel
trailer, motor home, (R.V.), house trailer, boat or boat trailer, or
other type of trailer shall be parked within the Development for more
than twenty-four (24) consecutive hours nor for more than five (5) days
in a thirty (30) day consecutive period, unless kept within a fully
enclosed roofed garage so as not to be visible from any street, lot,
parcel, lake or common area. The intent of this paragraph is to allow
only for loading and unloading such vehicles within the development
unless kept in a garage as aforesaid.
N. Defacing or Removal of Common Area Improvement. No tree,
shrub or improvement within a common area shall be defaced or removed
except at the express direction of the Association.
O. Limited Access. There shall be no access to any lot or
parcel on the perimeter of the development except from designated streets
or roads as shown on recorded maps of the development.
P. Docks and Piers. No dock, pier or other similar structure
shall be erected on or into any lake within the development, except
such structures as may be constructed by the Association with the written
permission of the Committee.
Q. Resubdivision or Joinder of Lots. No lot or parcel shall
be further subdivided except those designated multi-family residential,
and then only to the extent required or permitted by governmental authority
nor shall there be any severance of the surface and subsurface rights.
The owner of two (2) or more contiguous lots may apply to the Committee
for permission to use such lots as the site of a single dwelling. Notwithstanding
such permission, said lots shall remain as separate lots for all purposes
except as set forth in II A.3. above.
R. Operation of Motor Vehicles. Except as to authorized
maintenance vehicles, no motor vehicle shall be operated in any area
within the development except on a street or driveway. All speed limit
and other traffic control signs erected within the development shall
be observed at all times. Motorized vehicles are specifically prohibited
on all paths, trails or walkways or common areas.
S. Utility Lines. With the exception of those major utility
lines existing as October 2002 all utility lines and connections within
the development shall be placed underground. No light shall be suspended
from a pole in excess of ten (10) feet from the ground within the development
except those owned and maintained by the Declarant or the Association
or as expressly approved in writing by the Committee.
T. No Commercial Enterprise. No business or commercial enterprise
shall be performed or conducted upon any lot or within any dwelling
or outbuilding within the development, except for a home business as
allowed under Chapter 110.088 of the Washoe County Code covering planning
and zoning and for construction and sales activities directly related
to and during the development stage of the development. Permission for
any temporary construction or sales facility must be approved in writing
by the Association and may be revoked at any time by the Association.
Nothing herein contained shall be construed as preventing the construction
of improvements within the development approved by the Committee.
U. Temporary Structures. No temporary structure of any form
or type shall be permitted on any lot or parcel except during construction
of a specific unit on that lot or parcel and as approved by the Committee.
V. Peaceful Enjoyment. No use of any lot or structure within
the development shall annoy or adversely effect the use, value, occupation
and enjoyment of adjoining property or the general neighborhood. Final
determination within these bounds shall be left to the discretion of
the Association.
W. Excavation. No excavation for minerals, stone, gravel
or earth shall be made upon any lot other than excavation for necessary
construction purposes relating to main dwelling units, retaining walls,
outbuildings and pools, and for the purpose of contouring, shaping and
landscaping, or in the erection of permitted fencing generally improving
any lot. In addition, ponds not illustrated on final map may require
a special use permit from Washoe County prior to any construction.
X. Certificate of Occupancy. A certificate of occupancy
must be issued by the appropriate governing building department prior
to occupancy of any dwelling.
Y. Clotheslines. No clothesline shall be constructed or
erected which would be visible from any street, lake, common area or
other lot.
Z. Landscaping. Within eight (8) months of completion of
the main dwelling unit, each lot or parcel shall be landscaped consistent
with approved landscape plans in a manner suitable to the character
and quality of the Legacy Farms development, and all landscaping shall
be maintained to harmonize with and sustain the attractiveness of the
development. The Committee shall adopt minimum standards for landscaping
with regard to plant spacing and minimum plant sizes. An automatic irrigation
system must be part of the overall landscape plan.
AA. Garage. Every single family dwelling unit within the
subdivision shall have constructed and maintained on the same lot or
parcel enough completely enclosed and covered automobile storage space
for at least two (2) standard larger size automobiles.
BB. No Commercial Leasing. No owner of any lot shall participate
in any plan or scheme for the rental of any improvements on such lot,
nor shall any such lot be operated as a commercial venture. Nothing
in this paragraph shall prevent an owner of a lot from renting the lot
and improvements thereon during periods of such owner's absence.
CC. Chimneys. All exterior chimneys must be of wood, brick,
stone or metal. Chimneys must be of such a color as to blend in aesthetically
with the residence and will be subject to approval by the Committee.
DD. Building Height. Building height limitation may be imposed
by the Declarant in order to preserve views from neighboring homes into
common areas and to minimize the impact of structures on sensitive natural
areas of the project.
EE. Driveways. Driveway cuts will be limited to one (1)
per lot, unless otherwise approved by the Architectural Review Committee.
The maximum entrance widths shall be sixteen (16) feet. The use of one
(1) driveway for more than one (1) site will be encouraged by the Committee.
However, the approval of a common driveway shall require that a legal
easement be established between the site owners prior to approval. No
direct access from individual lots shall be allowed onto Lakeside Drive
or Holcomb Lane, except Lot 8 which may access Holcomb Lane directly.
FF. Exterior Lighting. All exterior lighting plans must
be submitted to the Architectural Review Committee with construction
plans. Exterior lighting which can be seen from the roads, the greenbelts,
or a neighboring homesite must be indirect. The light source may not
be visible in such circumstances. Any changes to the exterior lighting
of the property must be approved by the Architectural Review Committee.
Streetlights that only direct light downward shall be constructed at
the intersections of Legacy Lane/Holcomb Lane and Legacy Lane/Lakeside
Drive. The streetlights shall be private and operated and maintained
by Legacy Farms Homeowner's Association.
GG. Exterior Walls and Trims. Natural wood species, natural
stones, or other materials deemed in the character of the development
for a specific site by the Architectural Review Committee, are required
for all exterior walls. Redwood and cedar, or cedar shingles are recommended.
If exterior sidings are treated, preservative or semi-transparent stains
are preferred. Solid body stains are acceptable for trim. Exterior colors
must harmonize with the surrounding landscape and all colors are subject
to approval by the Committee. All reflective metal, such as chimney
stacks, exhaust vents and pipes, must be painted to match or blend with
surrounding materials. All such colors are also subject to approval
by the Committee. The Declarant may file subsequent declarations specifying
acceptable colors of stains and paints. All draperies and window coverings
should also be of materials and colors which harmonize with the surroundings
and should be chosen with consideration of neighbors and neighboring
views, especially along greenbelts and roads. Aluminum windows, door
frames, solar panels and skylights must be bronzed anodized. Steel window
and door frames must be painted to match or blend with surrounding materials.
Colors are subject to approval by the Committee.
HH. Mailboxes. Mailboxes and newspaper holders shall be
of natural materials and natural colors, and are subject to the approval
of the Committee.
II. Roofs. Wood shakes, wood shingles or metal roofing in
a color suitable to the Committee are encouraged. Other materials will
be considered if deemed in character with the project by the Committee.
Flat roofs and solid roofing of patio covers are highly discouraged.
JJ. Removal of Trees, Rocks, Shrubs or Other Natural Forms.
All removal of rocks, trees, shrubs or other natural vegetation must
be shown on the construction plans and approved by the Committee.
KK. Construction Procedures. Prior to the commencement of
any construction activity on any lot or parcel, the owner and/or contractor
shall rope off those areas not intended for actual construction or staging
to protect the site from unnecessary damage to foliage and to reduce
erosion and dust problems. The site shall be kept in a clean and orderly
fashion at all times and the contractor shall have approved sanitary
facilities on site as well as a garbage dumpster or other suitable device
for regular disposal of trash. No construction materials shall be dumped
or stored on roadways, pathways, trails, greenbelts, open space or any
common area. Construction work hours shall be limited to 7A.M. to 6
P.M. Monday through Saturday. The Committee may require the contractor
to submit an erosion protection plan to control possible sedimentation
travel to parks, greenbelts, streams, lakes or other common areas when
in the sole opinion of the Committee it is deemed necessary. If requested,
this plan will be submitted prior to any construction activity and carried
out diligently.
(Continued
on Page 3)
DECLARATION
OF PROTECTIVE COVENANTS 1, 2, 3,
4
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