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Thursday, March 13, 2008

DECLARATION OF RESTRICTIONS

ARTICLE II

GENERAL USE RESTRICTIONS

Section 1. Private Residences. Bach Lot in the Property shall be used for private residential purposes only and no building of any kind, except private dwelling units shall be erected or maintained on any Lot

Section 2. Trailer., Mobile Homes, Etc. No temporary structure, including trailers and mobile homes, shall be permitted or maintained upon any lot

Section 3. Animals aid 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, rabbits, 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 in any building or structure thereon, is expressly prohibited. No outbuildings, such as dog houses or similar structures shall be constructed, kept or maintained on any Lot.

Section 4. Vegetable Gardens. No vegetable gardens larger than 100 square feet or similar non-flower gardens or beds shall be kept or maintained on any Lot.

Section 5. Television and Radio Antennas & Exterior Mechanical Devices. Etc. No television antennas, radio antennas, television or radio receiving or transmitting devices, solar energy panels, satellite antenna, "dish" or other device used to receive direct broadcast satellite ("DBS") services to be greater than one meter in diameter shall be erected or placed on any Lot or be attached to toe exterior of any structure. Satellite antennae, "dishes" or other devices used to receive DBS services which are smaller than one meter in diameter, and antenna or other devices used to receive television broadcast services (TBS") and multi-point distribution services ("MMDS") ore specifically permitted, but, must be erected, placed or attached so that the satellite antenna, "dish" or device is not visible from the front of the Lot; however, if such placement impairs clear reception, Owner will be granted an exemption upon submitting a statement of such impairment and a plan for placement of the device. No other device, apparatus or decoration shall be permanently or temporarily attached to the exterior of the structure without prior written approval of the Declarants. Exterior holiday lights and/or ornaments shall be permitted, provided that such lights are removed no later than January 1st of any year.

Section 6. Trash Receptacles. Trash receptacles shall be kept in clean, sanitary and enclosed areas, hidden from view, excepting that (hey may be placed temporarily at street side on the regular day of collection if required by the collection agency.

Section 7. Prohibited Vehicles. No unusual vehicle including trucks (except non­commercial pick-up trucks), buses, travel trailers, boat trailers, boats, utility trailers, commercial vans, tractors, campers, aircraft, mobile homes or vehicles immobilized for any reason, shall be kept or maintained on any Lot, driveway, street or Open Space. All motor vehicles owned and operated by residents of the Subdivision must be parked overnight in their respective garage or driveway. No such vehicle may be parked elsewhere on any Lot or street except for temporary parking. For purposes of this paragraph, "temporary parking" shall mean the parking of such motor vehicle on an intermittent and non-recurring basis during the period between dawn and the following midnight.

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 Tor Sale" sign may be so placed and maintained, but must be removed within five (5) days after a non-contingency contract for sale and purpose for such Lot has been signed by all parties thereto.

Section 9. Fences. No enclosing or non-enclosing fence or barrier (hereinafter the "fence") shall be erected on any Lot closer to the font street line than the rear-most wall of the principal building. No fences shall be of a height of more than five (5) feet and all such fences shall be of split rail or picket style design and constructed only of wood left in its natural color or white vinyl or other material approved by Declarants. Green wire mesh may be applied to the inside perimeter of the split rail fence. No such fences shall be constructed or maintained upon the Lots until the plans for the same have been approved by Declarants, in accordance with the provisions herein.

Section 10. Swimming Pools. No above-ground swimming pools shall be constructed or maintained on any Lot, except that children’s' wading pools not exceeding one (1) foot in height shall be permitted.

Section 11. Trees. Shrubs and Landscaping. Any and all trees, shrubs and/or landscaping planted or provided by the Declarants, their successors or assigns, as to the Open Spaces or required landscape buffers must remain undisturbed for a period of ten (10) years, except for ordinary maintenance, feeding and disease control

Section 12. 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 twice during each of the months from March through November of each year. All Lot lawns and shrubs shall be maintained in a neat and presentable condition.

Section 13. Yards & Yard Fixtures. 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. No mailbox pillars other than the regulation DelDOT 4”x4” post is permitted for mailbox installation.

Section 14. Trampolines. No trampolines of any kind whatsoever shall be erected or maintained on any Lot.

Section 15. Clothes line. No outside clothes lines or clothes line posts shall be erected or maintained on any Lot

Section 16. Right-of-Ways. No structures or equipment of any nature, except for standard mailboxes, shall be constructed or installed within the right-of-ways of the Subdivision streets.

Section 17. Outbuildings. No outbuildings, sheds, garages, enclosed outdoors storage facilities, or other similar structures shall be erected, placed or maintained on any Lot within the property unless such structures: (i) are constructed of a material other than metal; (ii) are located only in the rear yard of any Lot; (Hi) do not exceed the aggregate size of eighty (80) square feet on each Lot; (iv) do not exceed a height of eight (8) feet above ground level; (v) are built in accordance with plans, specifications and illustrations approved by Declarants or their successors or assigns pursuant to this Declaration; and (vi) are constructed with materials which match the exterior of the residential dwelling (in both construction style and color scheme).

Section 18. Basketball Goals. No basketball goals shall be erected, placed or maintained on any Lot at any time, except for a maximum of one permanently installed goal located in the driveway. Any and all basketball playing shall be permitted from 9:00 a.m. to sundown.

Section 19. Property Rights in Open Spaces. Subject to the provisions of this Section, every Lot Owner shall have the right and easement of enjoyment in and to the Open Spaces owned by the Camden Town Center Maintenance Corporation and such easement shall be appurtenant to and shall pass with the title to ever Lot

Section 20. Easements. Easements and right-of-ways are hereby reserved on, over, under and along all of the lots in the Property, for poles, wires, conduits, pipes, for lighting, heating, gas, electricity, telephone, and any other public or quasi-public utility service purposes, for drainage, and for sewers and pipes of various kinds, all of which shall be confined, as practicable, ten (10) feet from the front and rear property lines of each lot and seven (7) feet from the side lines of each lot, together with the right of access thereto for the purpose of further construction and/or repair. .A twenty (20) foot wide easement, ten (10 feet on each side of the centerline, of pipe, structure, line or swale, shall be created, wherever possible, where a sanitary sewer or storm sewer exists. No building or other permanent structure shall be erected or maintained on any part of any area herein reserved as an easement and/or right-of-way.

Section 21. 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 hove been submitted to and approved in writing by the Declarants. The Declarants, their successors or assigns, including the Corporation upon assignment of the rights herein by Declarants, in connection with the review of said plans, specifications and illustrations, shall have the right to approve or disapprove any such matters which in its opinion are not suitable or desirable to the community. In passing upon such plans and specifications, Declarants or their successors or assigns, shall consider the following factors:

(a)         The qualify, aesthetic suitability, nature, kind, shape of the proposed building or other structure;

(b)         The color, height and materials of which it is to be constructed;

(c)         The specific site upon which it is proposed to construct or erect the same;

(d)         The harmony of the proposed change, alteration, addition, building or structure with structures on neighboring properties and the outlook and view from the neighboring properties; and

(e)         The effect on the reasonable passage of light and air to the neighboring properties.

Notwithstanding the aforesaid, the following architectural requirements are hereby deemed to be mandatory with respect to any residential lot and its accompanying residential dwelling constructed thereon:

(a)          United States postal mailbox shall be white in color with a white post;

(b)          The exterior color of the garage doors shall match the exterior trim color on the residential dwelling; and

(c)          All driveways shall be constructed of asphalt

 

 

 

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