Click here to find the Complete Covenants.
Click here for full Code of Ordinances
Article 6. ARCHITECTURAL CONTROL AND PROTECTIVE COVENANTS
Section 6.01 Architectural Control. Excepting any original construction by the Declarant, no building, fence, wall or other structure shall be commenced, erected or maintained upon the Lots in HAMPDEN HEIGHTS, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, builder or contractor, materials and locations of the same shall have been submitted to and approved in writing as to harmony or external design and location in relation to surrounding structures and topography by an architectural committee appointed by the Board of Directors of the Association. Any proposed change by any Owner other than Declarant in the existing color or finish of any exterior surface of any building on a Lot shall also be submitted to and approved by the Board as above provided. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it in writing, approval will not be required and the provisions of this Article will be deemed to have been fully satisfied.
Section 6.02 HAMPDEN HEIGHTS is hereby restricted to single family detached residential dwellings with a minimum square footage of 2,000, exclusive of basements and accessory buildings in connection therewith, including but not limited to community buildings. All buildings or structures erected in HAMPDEN HEIGHTS shall be of new construction and no buildings or structures shall be removed from other locations to HAMPDEN HEIGHTS. No building or structure of a temporary character, trailer, basement, tent, shack, garage, barn or other out-building shall be used on any unit at any time as a residence either temporarily or permanently. Nothing herein shall prohibit such temporary structures normally incident to construction to be placed on any lot at any time by Declarant or its agent or agents.
Section 6.03 No animals, livestock or poultry of any kind shall be raised, bred, or kept in, on, or about any unit or Lot, except dogs, cats, or other household pets for other than commercial purposes. No more than two (2) household pets are permitted for any lot.
Section 6.04
(a) No more than one "For Rent" or "For Sale" sign of not more than five (5) square feet may be maintained on any Lot.
(b) No advertising signs, billboards, objects of unsightly appearance or nuisance shall be erected, placed, or permitted to remain on any Lot provided, however, that a name plate, house number, and mail box of a size and character provided in the Rules and Regulations of the Association, shall be permitted.
(c) No Lot may be used in any way or for any purpose which may endanger the health or unreasonably disturb the residents of HAMPDEN HEIGHTS.
(d) No commercial activities of any kind whatever shall be conducted in any building or on any portion of HAMPDEN HEIGHTS except activities intended primarily to service residents of HAMPDEN HEIGHTS.
(e) Back yard sheds, dog houses, and auxiliary buildings may be permitted only with the consent of the architectural committee.
(f) No trailers, mobile homes or other recreational vehicles may be parked on any lot for a period to exceed three (3) weeks in any consequential six (6) month period.
(g) No part of the foundation of any dwelling shall be visible and must be covered by approved masonry or siding material.
(h) Lawns shall be mowed to no higher than three (3) inches and tall weeds removed at least twice a month between May 1 and November 1 of each year.
(i) No repair of motor vehicles shall be permitted in any street ramp, or driveway, nor shall any of these areas be utilized for parking of motor vehicles not in active use by the owners of any lot.
(j) No fences shall be erected within one (1) foot of a property line, or be erected higher than the minimum permissible height for swimming pool fences as established by Township ordinance. No shrubs shall be permitted within three (3) feet of a property line.
(k) The foregoing restrictions shall not apply to the commercial activities, signs, billboards, if any, of the Declarant or its agent during the construction and sales period or by the Association in furtherance of its powers and purposes set forth hereinafter and in its Articles of Incorporation, Bylaws and Rules and Regulations, as the same may be amended from time to time.
(l) As part of the overall program of development of the properties into a residential community and to encourage the marketing thereof, the Declarant shall have the right of use of the common areas and facilities thereon, including any community building, if any, without charge during the sales and construction period to aid in marketing activities. Furthermore, regardless of whether additional Lots or portions are annexed to HAMPDEN HEIGHTS, the holding (storm water retention) pond area is and shall be subject to the use of others, including Declarant, its successors and assigns, and other persons now having rights therein.
Section 6.05 All clotheslines, equipment, garbage cans, service yards, woodpiles, and storage piles shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring units, Lots and streets. All rubbish, trash and garbage shall be regularly removed from HAMPDEN HEIGHTS and shall not be allowed to accumulate thereon.
Height And Clearance Of Trees, Shrubbery, Bushes, Grass
No person owning or occupying any property within the Township shall permit limbs, branches or growth of trees, shrubbery, bushes or other plant growth to be less than 12½ feet in height or clearance over the cartway of any highway, road, street or alley; or less than eight feet in height or clearance over any sidewalk or footway; or otherwise obstruct, impede or interfere with traffic or travel thereon or thereover. (Ord. 70-5, 11/10/1970, § 3) Weeds or similar vegetation and/or grass more than six inches high permitted to remain standing in any vacant or occupied lot, yard or other place (excluding grass grown for feed or browse for grazing livestock, for hay or silage where agricultural use is lawful) is/are hereby declared to be a public nuisance and shall be removed, trimmed and/or mowed.
Sidewalks
The owner of the abutting property shall keep the sidewalk, together with any portion of his property paved and used as a sidewalk or public walk immediately in front of his property, in good order and repair, and at all times free and clear of all obstructions to safe and convenient passage, and free of any merchandise placed there for display, if the removal thereof is ordered by the Township Commissioners. Upon the failure of the property owner to do the above, the same provisions, procedures, requirements and penalties shall be applicable as set forth in § 401 herein. (Ord. 51, 7/1/1963, § 2)
Snow & Ice
It shall be unlawful for any person to place any snow or ice (whether by shoveling, sweeping, plowing, blowing, pushing, dumping or otherwise) upon the cleared and/or treated portion of a public street or road within this Township. It shall be unlawful for any person or entity to cause or permit any person to place any snow or ice (whether by shoveling, sweeping, plowing, blowing, pushing, dumping or otherwise) upon the cleared and/or treated portion of a public street or road within this Township. (Ord. 94-2, 5/3/1995, § 2)
Access to Fire Hydrants
Unobstructed access to fire hydrants shall be maintained at all times except when obstructed by the accumulation of snow and/or ice. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. A three-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved.
Dogs Running At Large
Unlawful to allow dogs to run at large. It shall be unlawful for the owner of any dog or dogs to allow or permit such dog or dogs to run at large in the Township. (Ord. 98-7, 8/27/1998)
Animal Noise Disturbance
It shall be illegal within the Township for any person or persons to own, possess, harbor or control any animal or bird which makes any noise continuously and/or incessantly for a period of ten minutes or makes such noise intermittently for one-half hour or more to the disturbance of any person any time of the day or night regardless of whether the animal or bird is physically situated in or upon private property, said noise being a nuisance; provided, that at the time the animal or bird is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated nor is there any other legitimate cause which justifiably provoked the animal or bird. (Ord. 98-7, 8/27/1998)
Animal Defecation on Public or Private Property
No person having possession, custody or control of any animal shall knowingly or negligently permit any dog or other animal to commit any nuisance, i.e. defecation or urination, upon any gutter, street, driveway, alley, curb or sidewalk in the Township, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon the grounds of any public park or public area, or upon any private property other than the property of the owner of such animal. (Ord. 98-7, 8/27/1998)
Disposal of Animal Feces
Any person having possession, custody or control of any dog or other animal which commits a nuisance, i.e. defecation or urination, in any area other than the private property of the owner of such dog or other animal, as prohibited in § 301 shall be required to immediately remove any feces from such surface and either:
Carry same away for disposal in a toilet. Place same in a nonleaking container for deposit in a trash or litter receptacle. (Ord. 98-7, 8/27/1998)