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Whelan Ponds Subdivision
Covenants and Restrictions
The following shall apply to all lots in the Whelan Ponds Subdivision:
- All lots shall be utilized for single-family homes, and shall contain only one such dwelling per lot. These home shall be stick built. No mobile homes including doublewides of any type will be permitted in the development. No basement/berm homes shall be permitted in the development.
- The minimum finished area of these homes shall have 1500 square feet on the ground floor excluding basements or garages. If the house is a two story then the first floor shall have a minimum of 1300 on the ground floor with the remainder on the second floor. The houses are required to have a minimum of a two car attached garage with floor level not more than 30 inches below the main floor of the house. The homes must be completed within 9 months from the time construction begins. The developer must approve any extension.
- The exterior of the home shall be covered in brick, stone, vinyl or other industry standard siding.
- No wood porches will be permitted on the on any portion of the house facing Isabel Lane.
- Houses will be placed on the lot with the front facing generally in the direction of Isabel Lane.
- All out buildings will be built in such a way that will enhance the home and development. If in doubt Developer/HAC will review outbuilding plans for compliance.
- When 75% of the lots are sold, a three-member Homeowner Association Council (HAC) will be elected from the lot owners to enforce these restrictions and maintain the comity of The Whelan Ponds Subdivision.
- 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 will or may become an annoyance to the neighborhood unless allowed herein.
- No farm animals including horses shall be kept on premises. No portion of the neighborhood 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.
- All residential structures shall be constructed with a minimum roof pitch of 8:12.
- 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.
- No trailers, campers, or motor homes, unless in full operating order, shall be permitted to be parked at anytime in the areas between the house and street and / or within any building setback line.
- All lot owners are responsible for soil conservation practices, such as seeding and strawing to avoid soil erosion. Owners must comply with Federal and State Environmental Protection Agency storm water and pollutant regulations.
- All lot owners must construct driveway entrances as permitted by Meade County and the Commonwealth of Kentucky.
- All yards shall be kept neatly mowed. All area that is not yard shall be mowed at least twice a year. Non-compliance of this restriction will result in the area being mowed and the owner will be billed for the service. Only a reasonable amount of yard ornaments will be permitted. (Final decision will be made by the developer /HAC). No half plastic barrels or similar containers will be used as growing containers unless out of site from the general public.
- Only one residence per recorded lot 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.
- These restrictions may be changed if 75% of individual owners decide to do so. Each lot will be represented by one vote.
The developer/ HAC must approve any change to this document.
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OB Properties, LLC
