Orchard Lake Woodlands I

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Following are relevant sections from the Orchard Lake Woddlands Subdivision #1 Declaration of Building and Use Restrictions as recorded in Liber 161, Pages 21,22,23 and 24 of Plats, Oakland County Records.


LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes, Except for temporary structures used in connection with the installation of subdivision improvements or in connection with the construction or initial sale of homes or lots, no structure shall be erected, altered, placed or permitted to remain on any lot other than one single family private dwelling with attached private garage for not less than two cars nor more than four cars, except as otherwise herein provided. No detached garages shall be permitted.


RESIDENTIAL STRUCTURE-SIZE: No dwelling shall be placed or erected on an lot which has a livable floor space area of less square feet or cubic feet than is required by the City of Orchard Lake Village, from time to time, but no less than: A ranch type dwelling (i.e. one story) shall have a minimum livable main floor area of 1800 sq. ft. Dwellings of 2 stories shall have a minimum livable floor space area of 1400 sq. ft. on the first level, and total minimum livable floor area on both the main and upper floors of 2700 sq.ft. A tri-level or multi-level dwelling (one which has its principal living, dining, and service areas on the main or ground level and additional living or sleeping areas adjacent to and above or below such main floor area) shall not have less than a total of 1800 sq.ft. of livable floor space area an the main or ground floor area. The interpretation of any term used in these covenants which may be subject to questions, such as but not limited to,, living space, ground floor area, story or grade, shall be vested in the Architectural Control Committee. The minimum house width, including attached garage, shall be sixty-five (65) feet.


BUILDING LOCATIONS AND SET-BACK LINES: No building shall be placed, altered or erected on any lot or building plot nearer to the front lot line or any side lot or building plot line than permitted by the Zoning Ordinance of the City of Orchard Lake Village. However, it is the intent hereof that the front yard setback shall be approximately 50 ft. Any front setback of greater that 55 ft. or less than 50 ft. shall only be with the express written permission of the Architectural Control Committee. Said permission shall only be granted where the topography of the lot, the location of major trees or other such physical conditions, are, in the sole opinion of the Architectural Control Committee, such as to make a greater or lesser front setback necessary to the overall beauty and aesthetic integrity of the subdivision. Any above ground pool shall conform to the same side yard, front yard, and rear yard setback requirements as are required by the City Zoning Ordinance.


PROHIBITED STRUCTURES AND VEHICLES: No trailer, basement, tent, shack, garage, or barn shall be used as a residence, either temporarily or permanently. No trailer, tent, shack, tool storage shed, or other outbuilding shall be placed on any lot. In the event an owner or occupant shall have a trailer, truck, truck trailer, boat, aircraft, commercial vehicle, or a camper or other recreational vehicle, the same shall be housed in a suitable private garage at all times. Nothing herein contained shall be constructed to prohibit the use of a temporary structure or trailer in connection with the installation of subdivision improvements or in connection with construction or initial sale of homes. However, any such temporary structure must be approved in writing by the Architectural Control Committee.


EASEMENTS: Easements, as appear on the plat of said subdivision, have been created for the installation and maintenance of public and private utilities and for drainage. Within these easements, no structure, planting bed, or other material shall be placed or permitted to remain which may interfere with the installation or maintenance of utilities or which change or interfere with the flow of drainage water in the easements. The finish grade of lots as established or approved by the County of Oakland or by the City of Orchard Lake Village shall be maintained unchanged by the lot owner.

FENCES: No fence or wall of any kind shall be erected on any lot in the subdivision without the prior written approval of the Architectural Control Committee. No fence or wall shall be located nearer to any front lot line than the minimum house setback line established by the City of Orchard Lake Village or the front setback line on the approved site plan of a given lot, whichever is further back.


SIGHT DISTANCE AT INTERSECTIONS: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadway shall be placed or permitted to remain on any comer lot within the triangular area formed by the two property lines which are contiguous to the intersecting of the said lines.


LOT SIZE: No lot shall be reduced in size by any means without the prior written consent of the Architectural Control Committee and of the City Council of the City of Orchard Lake Village. Lots may be enlarged by consolidation of two or more adjoining lots or fractional parts thereof under one ownership. In the event two or more lots or parts thereof are built upon as a unit, all restrictions contained herein shall apply to such building site as to a single lot.


TREES AND SOIL : No trees exceeding 6 inches in diameter shall be removed or cut, nor shall surface soil be dug and removed from any lot for purposes other than building or landscaping such lot, without the prior written approval of the Architectural Control Committee. Furthermore, it shall be the duty and responsibility of each lot owner to maintain and preserve any major trees on its lot. This shall include welling trees, where necessary.


NUISANCES: No noxious or offensive activity shall be carried on from any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.


ANIMALS, LIVESTOCK OR POULTRY: No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets not exceeding 3 in total number many be kept provided they are not kept, bred or maintained for any. commercial purpose.


REFUSE : No lot shall be used as a dumping ground for rubbish. Trash, garage and other waste shall be not kept except in sanitary containers concealed from public view. No outside incinerators shall be used.


GENERAL CONDITIONS : No trailers, trucks or commercial vehicles other than those present on business may be parked in the subdivision. No laundry shall be hung for drying in such a way as to be readily visible from the street on which the lot fronts. All homes shall be equipped with garbage disposal units.


RAPID COMPLETION: The erection of any new building or the repair of any damaged building shall be completed as rapidly as possible and should the owner commence construction, and then cease construction prior to completion and leave the building in such an incomplete condition for more than 6 months, the undersigned owner or its authorized representative is authorized and empowered to tear down and clear from the premises the incomplete portion (s) of such building, or to complete the same at its discretion, and in either event, the expenses incurred shall be a lien upon the said land and premises.


SIGNS: No sign of any kind shall be displayed to the public view whether attached or not, other than one sign of not more than 5 sq.ft. advertising the property for sale or rent. Signs used by a builder to advertise for sale or for model homes are not expressly limited in size and number, but must be approved by the Architectural Control Committee. Such signs as are allowed must be maintained in good condition at all times and must be removed upon termination of their purpose.


OLD BUILDING AND MATERIALS: No old buildings may be moved onto any lot and no used material may be used without the prior written consent of the Architectural Control Committee. No aluminum or vinyl siding and no metal windows shall be permitted.


DOG KENNELS AND HOUSES: Dog kennels or runs or other enclosed shelters for permitted animals shall be allowed only when they are an integral part of an approved residential structure. Dog runs are permitted provided that they are maintained in a clean and sanitary condition and the location and design or fencing is approved by the Architectural Control Committee.


ANTENNA: No external radio or television antenna shall be permitted.


GARAGES : All garages, which must be attached to and an integral part of the principal dwelling, must be side-entry or rear-entry.


ARCHITECTURAL CONTROL COMMUTEE: No building shall be erected, placed or allowed to remain on any lot unless the construction plans have been approved in writing by the Architectural Control Committee as to quality and color of all exterior materials, harmony to design with existing or proposed structures, and as to placement on the lot as well as finish grade elevation. Submittal for architectural approval must include samples of such exterior colors and materials, and a topographic site plan. The Architectural Control Committee shall also have the duties assigned to it elsewhere in these restrictions. All chimneys must be brick. Any application to the Architectural Control Committee or its successor shall be in writing and approval or disapproval required by these restrictions shall be in writing. If the Architectural Control Committee, or its successor, fails to express approval or disapproval of any request properly presented to it within 21 days after having received such request along with appropriate plans, specifications, and plot plans, then approval of the submitted request shall be deemed to have been granted.


FLOOD PLAIN-CONSTRUCIION THEREON : Check with Architectural Control Committee for specifications and restrictions.


HOMEOWNERS ASSOCIATION: A Homeowners Association shall be formed consisting of all lot owners in Orchard Lake Woodlands Subdivision #1. The Association shall be responsible for the maintenance costs of the storm water retention basins, located on portions of lots 47,48,49,52,53,54,55,62,63 664, and for maintenance of any islands in the cul-de-sacs located within the subdivision. The owners of said lots shall allow reasonable access to said basins by the Association or its representative, for the maintenance as is deemed necessary by the Association, or as is required by any governmental agency having jurisdiction. The associates (lot owners) shall have the right to assess each homeowner for his proportional share of these expenses. Any unpaid assessment shall bear interest at 9% on the unpaid balance and shall operate as a lien against the house and lot of the delinquent homeowner, which lien shall run with the land. The Association may enforce collection of delinquent assessment by suit at law for a money judgment or by foreclosure of the lien securing payment in the same manner that real estate mortgages may be foreclosed. The expenses incurred in collection of unpaid assessments including interest, costs and attorneys fees and advances for taxes on other liens paid by the Association to protect its lien shall be chargeable to the lot owner in default, and shall be secured by the lien on his house and lot.


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