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Highland Village P.U.R.D Phase II

HIGHLAND VILLAGE P.U.R.D. Phase II

PROTECTIVE COVENANTS

CRANBERRY TOWNSHIP

BUTLER COUNTY, PENNSYLVANIA

WHEREAS, the undersigned, KRESS BROTHERS BUILDERS, INC., a Pennsylvania corporation, is the owner of all of the lots in the HIGHLAND VILLAGE P.U.R.D. PHASE II, PLAN OF LOTS, which said plan is recorded in the Recorder's Office of Butler County, in Plan Book Volume 114, page 19.

WHEREAS, the undersigned owner desires to restrict the use to which said lots may be put.

NOW, THEREFORE, be it known that the undersigned owner does hereby adopt the following restrictions and covenants to which all of the lots in said plan be subject:

  1. These restrictions shall run as covenants with the land and shall be binding on the undersigned and all persons claimed under it, their heirs, successors and assigns, until the first day of January, 2005, at which time they shall terminate, unless revived, extended or modified by a recorded writing signed and acknowledged by the same.
  2. None of the lots shall be used for any purpose other than for single family residential use.
  3. No noxious or offensive activity shall be conducted upon any lot nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.
  4. No basement, garage or any structure other than the dwelling house for which plans have been approved, in accordance with the terms hereof, shall be used as a residence, temporarily or permanently, nor shall any dwelling house in the process of construction, nor any basement or foundation be used for residential purposes.
  5. All easements, restrictions, reservations and building lines affecting said lots as shown on the recorded plan known as HIGHLAND VILLAGE P.U.R.D., PHASE II, PLAN OF LOTS, as recorded in the Plan Book, Volume 144, pages 19, are incorporated herewith by reference.
  6. The finish living area, exclusive of porches, basements and garages, for any ranch or split-level type of dwelling shall contain not less than 1500 square feet, maintain a minimum of 7-12 roof pitch, and a minimum of 8" overhang on all roof overhangs; for any one and one-half story dwelling shall not contain less than 1900 square feet; for any two story dwelling with integral garage shall contain not less than 2200 square feet; and for any two story dwelling with attached garage shall contain not less than 2100 square feet.
  7. Approval of Building Plans:
    1. All building plans for proposed dwelling structures shall be submitted to KRESS BROTHERS BUILDERS, INC., or their agent, agent as designated in writing for approval as to compliance herewith and designed compatibility prior to the beginning of the construction. One set of the approved plans shall be retained by KRESS BROTHERS BUILDERS, INC., to insure that the structure is built in accordance with the approved plan. All such plans must be approved in writing by KRESS BROTHERS BUILDERS, INC., or their designated agent, or endorsed on the original plans.
    2. No owner or builders of any lot shall apply for a building permit without first having the approval of KRESS BROTHERS BUILDERS, INC., or their designated agent, endorsed upon said owner's building plans.
    3. All dwellings constructed on any lot in said plan shall be finished with a suitable exterior building material which shall extend to the grade of said lot, with no exposed block foundation. All proposed building materials for the exterior portion of the dwelling to be constructed must be approved in writing by KRESS BROTHERS BUILDERS, INC., or their designated agent, before commencement of the construction. Wood siding will require at least one application of stain or sealer.
    4. The setbacks of actual houses within the development shall be staggered in accordance with the topography and good building site plans and in the interest of furthering a quality development. No homes in the Plan shall look alike, and no home of the same design may be built where it can be seen from a home of the identical design, and no more than five (5%) per cent of the homes in the development may be of the same design.
  8. All areas disturbed in connection with construction shall be landscaped and seeded or planted with ground cover that will blend with the area. All lots must have a minimum of two (2) trees with a diameter not less than two (2) inches. Corner lots shall have three (3) trees with a diameter not less than two (2) inches. And Cul-De-Sac lots shall have one (1) tree with a diameter not less than two (2) inches. All lots must have a minimum of twelve (12) 18" or larger shrub plantings, a minimum of eight (8) being of the coniferous family. All property owners shall maintain and replace any street trees if they should die. All trees over six (6) inches in diameter shall remain in the undisturbed area unless located in home-sites or driveway areas.
  9. No structure other than a single-family dwelling shall be erected on any of the aforesaid lots. All garages must be either integral or attached to the house. Each owner must install a self-illuminating exterior post lamp of approved design within ten (10) feet of the property line, and a mailbox and post of approved design where required by the postal authorities. No above ground swimming pools shall be permitted to be installed.
  10. All driveways and turning aprons must be paved with either asphalt, paving bricks, Omni Stone or concrete, and if any other type of material is to be used for the driveway and/or turning apron, then in that event written approval from KRESS BROTHERS BUILDERS, INC., or their designated agent must first be obtained. In all cases, all driveways and turning aprons must be paved or constructed within one (1) year from date of occupancy. Precast concrete stepping stones are not permitted as walks or driveways.
  11. Within one (1) year from the issuance of the building permit by the township for any residential home, the home and landscaping shall be completed.
  12. All debris resulting from excavating, construction, and/or grading of each lot must be removed by contractor/builder, or owner of the lot. No debris, rubbish or scrap material may be placed or dumped on any lot in said plan.
  13. All owners of property within said plan shall be governed by a "Master Declaration for the Highland Village Owners' Association with Maintenance Provisions" as recorded in the Recorder's Office of Butler County, in Plan Book Volume 1478, Pages 286-288.
  14. Should anyone violate any of these covenants herein, it shall be lawful for any person or persons owning any lot situate in said HIGHLAND VILLAGE P.U.R.D., to prosecute any proceeding in law or in equity against the person or persons violating or attempting to violate any such covenant and/or restrictions to prevent him or them from doing so.
  15. The invalidation of any one of these covenants and/or restrictions by judgement, decree or order of court shall in no way affect any of the other provisions, which shall remain in full force and effect.
  16. No lot owner may construct any permanent or temporary accessory building or structure, as the same is described in the Cranberry Township Zoning Ordinance, within any of the common areas designated in the HIGHLAND VILLAGE, PHASE II, PLAN OF LOTS.
  17. KRESS BROTHERS BUILDERS, INC., reserves the right to alter, modify or change the within Covenants from time to time, so long as the alteration, modification, and change does not adversely or detrimentally affect the harmony of the Plan. All purchasers of any lot in this Plan for themselves, their heirs, successors and assigns covenant and agree to such future alteration, modification and change and irrevocably appoint KRESS BROTHERS BUILDERS, INC., as their Attorney-in-act to execute, acknowledge and deliver any necessary documents to effectuate such alteration, modification and change.
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