Restrictions for River Mist

  1. Each Lot shall be used for residential purposes only, and no manufacturing establishment, factory, public garage, sanitarium or hospital, motel, hotel, trailer park, apartment building, condominium, multi-family housing building, or any building of similar nature may be maintained on the same, and no unsanitary, offensive or unsightly conditions shall be allowed thereon. No house trailer, mobile home, travel trailer, or any type of temporary housing shall be placed or located upon any Lot as a residence except during the construction of a permanent home. Any campers, travel trailers, boats, trucks used for commercial purposes, or similar vehicles, which are kept or maintained on any Lot shall be stored in an enclosed or screened area out of the view of other Lots in the Subdivision and roads in the Subdivision.
  2. Each principal residence constructed on any Lot shall consist of not less than 1200 square feet of enclosed heated floor space if the residence contains a single floor, and not less than 1500 square feet of enclosed heated floor space if the residence contains two floors. No building may exceed 2 stories in height. The landscaping and grassing of each Lot shall be completed within 1 year from the time any construction begins on any Lot. All exterior construction shall be completed within 1 year after it has commenced.
  3. Only one Single Family Dwelling may be constructed per acre. No outbuildings of any kind may be constructed, except that for each Single Family Dwelling constructed, a attached or detached garage may be constructed, and one storage building.
  4. All water systems and septic disposal systems shall be constructed and installed in accordance with the rules and regulations of authorities with jurisdiction, as from time to time amended, and no outside toilets shall be built upon any Lot.
  5. No residence, building, or any other structure shall be built or maintained within 30 feet from any property line or the edge of any roadway easement, unless a variance is first obtained in writing from the adjacent lot owners and the Home Owners’ Association (HOA). This restriction shall not apply with respect to the interior boundaries between Lots being improved as a unit.No Lot or any part thereof shall be used for a junk yard or for any unsightly or obnoxious purposes. Activities which may tend to cause disorderly, unsightly or unkempt conditions shall not be pursued or undertaken in the front yard of any Lot, or in any driveway, garage, carport, or other place where such condition is visible from any road or from any other Lot, including without limitation, the assembly and disassembly of motor vehicles and other mechanical devices. All trash, garage, and waste shall be kept in sanitary, closed receptacles. No burning of garbage shall be done or permitted on any Lot in the Subdivision.
  6. No animals may be kept and maintained on any Lot except that this shall not prohibit the keeping of usual household pets. All pets shall be kept on the Owner’s Lot or on a leash in the presence of the owner. No animal may be maintained on any Lot if it makes such an amount of noise as to frequently or habitually disturb Owners of other Lots.
  7. It shall be the responsibility of each Lot Owner to maintain a 12″ or larger drain tile on any portion of his Lot where a driveway crosses or any other thing obstructs a drainage ditch. All soil disturbing activities, including without limitation grading house sites, constructing driveways, and landscaping, regardless of their extent, must conform to prevailing laws and regulations regarding erosion control both during construction and afterward, and must not impair the erosion control measures previously installed by the Declarant.
  8. No commercial or business activities may be carried on on any Lot, except that this provision shall not prohibit the leasing or renting of any dwelling on any Lot for any length of time and shall not prohibit in-home businesses or offices that do not invite the general public upon the premises.
  9. It shall be the responsibility of each Lot Owner to provide adequate parking space for motor vehicles on his or her Lot. All parking areas and driveways on all Lots must be surfaced completely and thereafter maintained with gravel, concrete, asphalt or other appropriate paving material. No unlicensed or inoperable vehicles may be maintained or kept on any Lot in the Subdivision unless in a garage.
  10. In order to minimize noise pollution, the use of motorized lawnmowers, lawn tractors, grass trimmers, garden tillers, chain saws, blowers and other equipment (including but not limited to equipment with electric engines and gasoline powered engines) shall be prohibited before 8:00 a.m. and after 9:00 p.m. Activities which include the playing of loud music and/or having loud and/or late night parties are prohibited. The discharge of firearms in the Subdivision is prohibited.
  11. No Owner or Owners of any Lot shall operate or permit to be operated by those under their control, or by those ought to be under control, motorcycles, three wheelers, four wheelers, ATV’s, off-road vehicles or similar vehicles within the boundaries of the Subdivision, except for legitimate purposes of transportation to and from work into and out of the Subdivision. It is the intention of this restriction to prohibit sport riding or joy riding upon motorcycles and similar vehicles within the boundaries of the Subdivision.
  12. Easements and Right of Ways: A) Declarant reserves unto itself, its successors and assigns, and reserves and grants to the Association, to Duke Energy Corporation and to all other public utility companies, a perpetual, alienable and releasable easement and right of way on, over, and under the ground to erect, maintained, and use electric and telephone poles, wires, cables, and conduits, sewers, water mains, and other suitable conduits and equipment for the transmission and discharge of electricity, telephone, gas, sewer, cable television and other public conveniences or utilities on, in, or over all roadway easements within the Subdivision and within the ten (10) foot wide strip immediately inside the boundary of each Lot; provided, in the event of the improvement of two (2) or more Lots as a unit, such easement shall not exist with respect to interior Lot lines unless use of such easement for such purposes has already begun. By reservation of said easements, the Declarant does not obligate itself or the Association to provide any utility service to any Lot. B. Declarant reserves unto itself, its successors and assigns, and declares for the benefit of the Association, its successors and assigns, a perpetual easement for the erection, maintenance and repair of subdivision signs upon any Lot which adjoins any public road, which easement shall include the right to erect, maintain and repair walls and lighting at the site of the sign and to landscape the area in the vicinity of the sign.
  13. Open, Grassy areas such as lawns and meadows shall be mowed at least four times per year.
  14. No building constructed on any Lot shall have tar paper, asbestos, unfinished plywood, or rough hewn irregular edged type siding. No building, constructed on any Lot shall have an exposed metal chimney. Concrete blocks used in construction must be painted.
  15. All utility lines, including all electrical, telephone, cable television, water and sewer lines, installed in the Subdivision shall be installed underground.
  16. No Owner or subsequent Owner of any Lot may grant an easement or right of way across the Lot for any reason or at any time to any person or entity other than the Declarant’ s successors and assigns unless the same shall first be approved in writing by the Declarant, its successors and assigns.
  17. No fuel tanks or similar storage receptacles may be maintained on any Lot unless they are buried underground, or are otherwise installed so that they are not visible from any place outside the lot.
  18. Each Lot and each Lot Owner shall and must automatically be a member of the Association (HOA). Each Lot and each Lot Owner shall be subject to all duly adopted articles, by-laws, rules and regulations, and resolutions of the Association. The by-laws of the Association are incorporated by reference herein. If any person damages the Subdivision roads or common properties for any reason, that person shall be responsible for paying to repair the same to the original condition. Each Lot Owner shall, before the beginning of construction of a dwelling on any Lot, pay to the Association for the maintenance and repair of the Subdivision roads the sum of $300.00, which shall be applied directly to the costs of maintenance and repair of said Subdivision roads. If construction on any Lot causes damage to the Subdivision roads in excess of $300.00, the Owner of such Lot shall pay to the Association such amount as is necessary to repair to its original conditions. The Declarant shall not have any responsibility to maintain the Subdivision roads except in the manner of any other Lot Owner. The Association shall periodically, at least annually, assess each home or Lot Owner for his share of the costs and expenses of the maintenance, repair and upkeep of the roads and common areas, the maintenance responsibility for which is that of the Association. Payment of such assessments shall be due thirty (60) days after notice thereof is sent. If not paid within said thirty (60) day period, such assessments shall be deemed delinquent and shall commence bearing interest from such time at the rate of eighteen (18%) percent per annum. Any assessment levied against any Lot which so becomes delinquent shall constitute a lien upon such Lot when filed of record in the office of Clerk of Superior Court for Macon County, North Carolina, in the manner provided therefore by Article 2 of Chapter 44A, Statutory Liens on Real Property, of the North Carolina General Statutes, or its successor statute. The claim of lien shall be filed in the name of the Association. The Association shall have the right to proceed in its own name in any court of competent jurisdiction. The claim of lien may be foreclosed in a like manner as a mortgage on real estate under the Power of Sale under Article 2A of Chapter 45 of the General Statutes. If any delinquent assessment is placed in the hands of any attorney for collection, there shall be added to the amount due all costs of collection, including all reasonable attorneys’ fees. The lien shall include the amount of all interest which accrues and continues to accrue upon the assessment, and shall include the aforementioned costs of collection and attorney’s fees. All assessments, interest, costs and attorney’s fees shall be and constitute the personal joint and several obligation of each Lot Owner. The Association or any other Lot Owner may bring an action against the Lot Owners in default to seek a money judgment for the amount of the assessments, interests, costs of collection and attorney’s fees. Any person may purchase the Lot at any sale ordered pursuant to an action to foreclose the lien.
  19. In the event of a violation or breach of any of these restrictive covenants, the persons and entities entitled to enforce them or any one or more of them, shall have the right to proceed at law or in equity to compel a compliance with the terms hereof or to restrain or enjoin the violation of the terms hereof.
  20. This Declaration may be amended by means of a duly recorded amendment signed by the Owners of two-thirds (2/3) of the Lots subject to this Declaration. This Declaration may also be amended by the Association by a two-thirds (2/3) majority vote of its members at a duly called members meeting at which a quorum is present, and in such event the appropriate officers of the Association shall record the proper amendment.
  21. This Declaration shall be effective for a period of seventy-five (75) years from and after its date as set forth above. Homeowners Association shall be established after five lots have been sold, consisting of five lot owners and Declarent. As each lot is sold all new lot owners will become equal members.
The home sites and driveways are already in place and septic permits are complete.