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RESTRICTIONS AND COVENANTS OF
THE ORCHARD
This Declaration of Restrictions made and executed by O’Bryan & Ager LLC, 1935 Gardiner Lane, Louisville KY. 40205 herein called developers.
WITNESSETH: that the developers hereby make and impose the following restrictions on the following described property in Hardin County Kentucky, to wit:
- The following shall apply to all lots: The minimum finished area of these homes shall be 2,000 square feet excluding basements or garages. If a second floor is utilized, then no less than 1,800 square feet on the first floor shall be constructed with balance on the second floor.
- All structures shall contain 75% brick veneer or stone on the exterior vertical surface, including veneer on foundations, unless approved otherwise by the developer.
- Homes must be completed within 9 months after construction is started. Developer must approve any extension.
- These restrictions may be changed if 75% of individual owners decide to do so (34 lot owners out of 45 lots). Each lot will be represented by one vote.
- All lots shall be utilized for single-family homes only, and shall contain only one such dwelling per lot.
- All lots shall be used for residential purposes only.
- All homes shall contain at least a two car attached garage, with finished floor elevation no less than 24 inches from the first floor elevation.
- All foundations and/or basements shall be poured concrete with all visible portions thereof covered with brick veneer.
- All fuel tanks servicing homes or otherwise must be placed below ground.
- Sidewalks are mandatory and will be constructed by the builders/contractors. Sidewalks will be constructed of re-enforced concrete, have a minimum width of 40 inches, scored properly for prevention of cracks and be located just within the lot property line (not on street right-of- ways.) Builders/contractors are responsible for the smooth transition of the sidewalks from lot to lot. Sidewalks are not mandatory along Gala Court.
- When 75% of the lots are sold, a five-member association council will be elected from the owners to oversee and maintain the financial interests, and comity of the neighborhood.
- All lot owners will pay a yearly $150 neighborhood association fee for routine maintenance and operation of the subdivision. The initial yearly fee will be collected on the day of the transfer of title, and deposited in West Point Bank account named “The Orchard Neighborhood Association.” The fee will be due and payable on June 1st thereafter. A late fee of twenty-five dollars ($25) will be charged for each month late to lot owners who dues are not paid on or before June 1 each year. The developers will manage the account until such time that 75% of the lots are sold. The developers are not responsible for the payment of any association fees.
- Expenses and maintenance associated with the sidewalks, street lighting, and the entrance sign are the responsibility of the homeowners association.
- No junk or inoperative vehicles shall be allowed upon the premises except in a garage where the same shall not be visible to property owners or from the public right-of-way.
- No noxious or offensive trade or activity shall be carried on upon any property, nor shall anything be done thereon which may be or may become an annoyance to the neighborhood unless allowed herein.
- No portion of the neighborhood, or otherwise, shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
- No animals, except for commonly accepted domesticated pets, shall be allowed on any premises.
- Property owners shall confine their pets within an enclosure or upon a leash at all times.
- All residential structures shall be constructed with a minimum roof pitch of 7:12. There shall be no mobile homes, modular homes, A-frame, berm, basement, or log homes allowed to be constructed on any lot.
- All lots are subject to utility easements shown on the plat and each owner grants the right of the utility companies the right of ingress and egress for the purpose of constructing, maintaining and repairing all public utilities.
- Any outbuilding must be constructed to match and enhance the home. Additionally, outbuildings must be no nearer to the street than the front plane of the house. If plan is in question consult developer.
- No porch and /or porch railing facing the street shall be constructed of exposed wood.
- All driveways constructed on any lot shall be made of concrete or asphalt from the street to the garage and shall be paved accordingly within six months of house completion.
- No trailers, campers, or motor homes, except personal vehicles in full operating order, shall be permitted to be park at anytime in the areas between the house and street and / or within any building setback line.
- No signs or other advertising shall be displayed, with exclusion of house numbers, plates identifying the lot or resident/s of the lot, real estate signs, or temporary election campaign signs.
- No business or commercial activity of any kind shall be carried out within the neighborhood without approved written permission of the developer.
- All lot owners are responsible for soil conservation practices, such as seed and straw to avoid soil erosion.
- All lot owners must construct driveway entrances as permitted by Hardin County and the Commonwealth of Kentucky.
- Only one residence per recorded lot shall be allowed.
- Only brick or stone mailboxes shall be allowed.
- All vegetative debris from lot clearing such as trees, limbs, root wads laps, etc. shall be removed prior to construction.
- Invalidation of any one of these covenants by judgment of the court shall not affect another covenant, which shall remain in full force and effect. The covenants, conditions and restrictions herein shall be binding on all assigns. Enforcement shall be by proceedings at law or in equity against any persons violating or attempting to violate any covenant, either to restrain said violation or to recover damages for the violation.
- There shall be no fencing in the front and sided yards that break the front plane of the home. Any fencing must enhance the home and must be approved by the developer to avoid removal action.
- The developer or homeowner council must approve any variation to restriction in this document.
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OB Properties, LLC
