RESTRICTIVE COVENANTS
Covenant Reminders: Before you begin your plans for the construction of your new home, fence, building, car port, etc., please review the covenants. In the introduction, one paragraph states: "Although a lot (dwelling unit) owner actually owns the footage on the exterior of his building, any permanent structure or improvements erected or placed in that space must have the approval of an architectural review board. This is necessary to prevent unsightly additions, fences and structures which are inconsistent with the character of Leatherwood Mountains as a planned residential community."
For a complete reading of the restrictive covenants click on the above "Restrictive Covenants" (in red). Following is a summary of the Restrictive Covenants and the Architectural Review requirements (found in article VI).
SUMMARY OF PROPERTY RESTRICTIONS
LEATHERWOOD MOUNTAINS
THIS IS AN ABBREVIATED SUMMARY OF RESTRICTIONS. PROSPECTIVE PURCHASERS SHOULD OBTAIN A COMPLETE COPY OF THE RECORDED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS.
1. RESIDENTIAL USE - Single-family residence and outbuildings
2. SIZE AND PLACEMENT OF RESIDENCES AND STRUCTURES
a. 1,200 square foot minimum, three story maximum, prior approval of plans and location
of structures
b. Setbacks - 45' front, 15' side, 25' rear line
3. OTHER REQUIREMENTS
a. Plumbing connected to septic tank
b. Complete construction within 1 year of starting
c. No occupancy unless residence is complete
d. Structures to be built of substantially new materials
e. Fuel storage tanks to be buried or hidden
Outdoor trash receptacles to be hidden
f. Structures damaged by fire, etc. must be repaired or removed within 3 months
g. Tract and improvements shall be maintained by owner
4. PROHIBITIONS
a. No mobile homes
b. No outside toilets
c. No temporary structures
d. No permanent lights visible from any other tract
e. No signs without prior approval
f. No junk automobiles
g. No clothes lines visible from streets
h. No "model exhibit" houses without prior approval
i. No nuisance activities
j. No mining activities
k. No on street parking without prior approval
l. No tree over 6" removed without prior approval
m. No trash or debris stored or burned
n. No access through perimeter tracts to interior of Leatherwood
o. No tract subdivided or boundary lines changed,
except those owned by Leatherwood
5. EASEMENTS
a. Pedestrian easements are for pedestrians, bicycles, and horses only, no vehicles
b. Leatherwood reserves these easements:
1.The road right-of-way and 15' along side and rear lines for utilities and
drainage ditches
2.The road right-of-way and rear and side setback areas for gas, water,
and sewer
3.The right to withdraw water from any above ground water source for a
property owner unable to obtain water at reasonable expense within his
tract
c. Leatherwood reserves easement for TV cables within above easements
d. Leatherwood reserves road rights-of-way on all present and future plats for utility and
drainage installation and maintenance.
e. Rights-of-way on each tract will be maintained by the Association. No interference
with road or trail maintenance. Trails may be relocated by tract owner at his expense,
with prior approval
GENERAL PROVISIONS
These restrictions shall remain with the land until January 1, 2017. They shall be extended automatically for periods of 10 years, unless an instrument signed by more than 50% of the members of the Association has been recorded, agreeing to change the covenants; provided that any time after January 1, 1990, these restrictions may be amended by the vote of 2/3 of each class of members of the Association to make variations in the restrictions but not to make changes that would annul any material rights of owners provided herein.
RIGHT OF REPURCHASE
Leatherwood reserves the right of first refusal to purchase the tracts in Leatherwood.
LEATHERWOOD MOUNTAINS ARCHITECTURAL REVIEW
PURPOSE
We wish to maintain a continuity of quality of construction and pleasing esthetics consistent with the Leatherwood philosophy in order to maintain the integrity of Leatherwood. Major concerns are visibility of the structure and the impact on other property owners' views.
PROCEDURE
Before commencing construction or cutting trees, submit to the Architectural Review Committee two complete sets of the final plans, including the following:
a. Map showing location of the structure.
b. Construction material types.
c. Colors of roof and exterior.
d. Four elevation drawings.
e. Grading and landscaping plans.
We will respond within 30 days of receiving your plans. One set of plans and specifications will be returned to you and the other copy will be retained.
GUIDELINES
The following items are suggested guidelines, not inclusive of all considerations. They are not intended to supplant the covenants of Leatherwood, but to expand on the Leatherwood concept. These guidelines may be revised from time to time. Each proposed structure will be considered on its own merits.
NOTE: It is the responsibility of each property owner to comply with the covenants and these guidelines.
CLEARING AND GRADING
The site for any proposed structure is extremely critical within Leatherwood. Consideration shall be given to such things as:
a. Location of septic systems and wells. Once a site is proposed, the location of a septic system must be approved by the county as it relates to the building site.
b. Grading and clearing for driveways. Driveways should be planned to limit the amount of clearing and earth moving required. This is not only good economical practice, but is much kinder to the environment. Clearing and grading can cause serious erosion and long-term damage. In so far as possible, driveways should be curved to limit visibility of any improvements from the main roadway. A straight driveway is less aesthetically pleasing than a curved one. A curved driveway using the terrain may afford a gentler grade on the driveway as well. As with all of the other criteria expressed in this document, consideration for approval of the driveway will include its appearance from other property owners' views. Be sure to get your county septic permit before you do any grading of any kind, because you may destroy your septic field.
GENERAL
Homes that visually "disappear" into the trees and natural terrain are desirable. This can be achieved by using natural materials, such as wood and stone, and choosing colors consistent with nature. The following specifications are consistent with Leatherwood's natural environment.
ROOF PITCH
Recommend 10/12 or 12/12 or more, however, a minimum acceptable pitch is 8/12. Porch and hip roofs may be less steep than this.
ROOFING COLOR
Earth tones and greens that blend with the natural surroundings.
SIDING MATERIALS
Natural materials such as logs, wood, and stone.
FOUNDATION
The color and material of your foundation should blend with the structure and/or surroundings. Stone is preferred. Earth-toned stucco may be used where not prominent or not visible.
BARNS, OUTBUILDINGS, FENCES & SIGNS
All of the above criteria apply to barns, outbuildings, fences, and signs. For signs, smaller is better, farther from roadway is better, muted colors blending with background, maximum size: 18” x 18” All must be pre-approved in writing.
SATELLITE DISHES
Smaller is better, not visible or disguised from roadways and neighbors is best.
WELL
Wells should be located away from the main roadway, if possible, and disguised with a "fake" rock cover, wood rails, and/or evergreen native bushes and mulch.
LATER CHANGES OR ADDITIONS
In addition to new home construction, any construction or alteration on any tract must be approved prior to commencement. This includes tree-cutting, signs, and landscaping.
Plans should be submitted to Mountain Resource Company, P.O. Box 1426, North Wilkesboro, NC 28659 for approval prior to additions to lots here in Leatherwood. We must all work together to ensure that the Leatherwood ambiance is maintained.
Please notify your contractor of the following:
No burning of trash or materials
No noisy work on Saturdays, Sundays, and holidays.
Dogs are roaming the area at times. If you have a pet with you, please keep that pet on your property.
We ask that we all work together to ensure compliance with the setting that we want here.
To contact us, please send email to info@leatherwoodpoa.com.
|
