ARTICLE I
ARCHITECTURAL REVIEW
Section 1: Architectural Review Committee.
No residence or other improvement shall be installed, constructed, reconstructed or maintained on any Lot, nor shall any addition or alteration be made relative to the exterior appearance of any improvement or landscaping, until detailed plans have been submitted to and approved by the Architectural Review Committee (the ‘Committee’). The Committee shall, initially, be composed of the Declarant or the Declarant’s Appointee. At such time as all of the Lots have been sold and residences have been constructed thereon the Committee will resign and delegate and assign the power of appointment with regard to members of the Committee to the Subdivision Board of Directors, provided that Declarant may, at its sole discretion, make such delegation at an earlier time. Neither Declarant nor any member of the Committee shall have any liability whatsoever to any person in connection with the approval or disapproval of any plans or specifications in regard to any improvement.
Section 2: Architectural Approval Procedure.
No tree removal, excavation or construction shall be performed on any Lot until detailed plans and specifications for any proposed improvements have been submitted and approved in writing by the Committee. Submittal and review procedure shall be followed for obtaining approval of the Committee for any new residence or substantial improvement on any Lot as follows:
A copy of preliminary plans and specifications (company standards can be used for modular or manufactured homes) shall be submitted to the committee for preliminary review and approval including the following:
1. A floor plan,
2. A site plan locating the proposed residence, driveway, lamppost, pool and any other improvements on the topographical site survey with proposed grades indicated.
3. Exterior elevation drawings for all sides of the proposed residence.
4. An indication of the exterior materials and colors to be used to construct the proposed residence.
5. The material to be used for foundations.
6. The size, style and material of all porches/decks.
7. Any other data, drawings or specifications which the Committee deems necessary to fulfill the architectural review process.
Section 3: Validity of Approval.
No approval of the Committee shall be deemed to have been obtained for any improvement which violates any restriction set forth in this Declaration unless a variance is specifically granted, in writing by the committee, for that specific restriction. Approval by the Committee does not constitute a waiver of any provision of zoning or building ordinances or codes.
Section 4: Approval/Disapproval.
All documentation delivered for architectural review shall become the property of the Committee and shall be retained as a permanent record. The Committee shall have 45 days from and after receipt of the required documentation which receipt shall be in writing, to approve or disapprove the design, plans and specifications. No change may be made in any approved design, plans or specification without prior written consent of the Committee. In the event that the Committee fails to respond within 45 days after the full, proper and complete submission of materials required for approval evidenced by acknowledgment of delivery of such materials, that approval shall be deemed to have been granted, with all other restrictions, limitations and conditions set forth in this Declaration remaining in full force and effect.
ARTICLE II
USE RESTRICTIONS
Section 1: Permitted Use.
Each Lot shall be used for single family residential purposes. New double-wide manufactured homes, double-wide modular homes or site built homes are permitted provided that plans for such have been approved by the Committee. Previously used homes may be permitted after inspection by the Committee, plans have been approved by the Committee, and a Bond may be required for the construction costs. Except as specifically permitted herein, no structure shall be erected, altered, placed or permitted to remain on any Lot other than one single family residential dwelling for the sole use of the Owner/Occupant of the Lot.
Section 2: Floor Area.
The minimum livable floor area for each residence built on a Lot shall be twelve hundred (1,200) square feet. As used herein, the term “livable floor area” shall not be deemed to include basements or unfinished attics, garages, patios, decks, open porches, terraces, or like area, even if attached to the dwelling.
Section 3: Exterior Materials.
Eighty percent (80%) of the visible exterior of each residence and appurtenant structures shall be constructed of brick, natural stone, wood siding, cement siding, or vinyl siding. All siding shall be comprised of individual boards and not sheets such as Texture 1-11. No used material, except reclaimed brick, may be used in the construction of any visible exterior wall. The use of exposed cement block, slag, cinder block, imitation brick, or asphalt on any visible exterior wall is expressly prohibited. Foundation materials may be vinyl or metal underpinning, split face block, cement block, cinder block, brick, rock or imitation brick or rock and approved by the Committee.
Section 4: Porches/Decks.
The main doorway of the residence must have a porch. The porch/deck should meet safety standards for railings and steps.
Section 5: Driveways.
Driveways shall be completed prior to occupancy of the residence except to the extent delayed by adverse weather conditions, in which event the driveway shall be complete within thirty (30) days after termination of such adverse weather conditions. Driveways must be constructed in a way that does not allow dirt and/or debris to wash into the roadway. Driveways that will be hard surfaced (asphalt, concrete, etc.) must span the width plus one (1) foot with two (2) four (4) inch conduit. The conduit will be located in the utility easement area before the roadway curb.
Section 6: Lawn Areas.
All areas of a residential home site not landscaped with plant materials or maintained as natural areas shall be established and attractively maintained as lawn areas by seeding, sodding or hydro seeding. Lawn or landscaped areas shall be extended and maintained to the edge of the pavement along all Lot boundaries.
Section 7: Walls and Fences.
No fence or wall of any type shall be permitted to extend beyond the front of the house, except ornamental or decorative fences not to exceed two and one half (2 - ½) feet. Rear yard fencing for purpose of Lot enclosure may be used but not to exceed six (6) feet in height. No sheet metal fencing may be used for purpose of Lot enclosure.
Section 8: Swimming Pools.
All swimming pools shall be enclosed with secure fencing. Mechanical equipment shall be concealed from the street view.
Section 9: Air Conditioners.
No external air conditioning unit shall be placed in or attached to a window or wall of any residence or appurtenant structure. No compressor or other component of a heat pump/central air conditioning system shall be visible from any adjacent street, and to the extent reasonably possible, all such external equipment shall be so located on any Lot so as to minimize the negative impact thereof on any adjoining Lot, in terms of noise and appearance.
Section 10: Minimum Lot Size.
No Lot shall be subdivided into a smaller Lot.
Section 11: Timely Completion.
The exterior of all residences and other structures must be completed as soon as practical after construction commences, and in any event within eighteen (18) months after commencement of constructions or setup (as in a modular or manufactured home).
Section 12: Animals.
No animals, livestock, or poultry of any kind shall be raised or kept on any Lot except for dogs, cats, or other household pets, provided that they are not kept or maintained for commercial purposes. Dogs may not be of a breed that is classified as a ‘fighting’ or ‘attack’ dog. A maximum of four (4) dogs and/or cats may be maintained on a Lot. Household pets must meet current County regulations. Household pets may not ‘roam’ free; a rear yard fence must be provided of sufficient quality to maintain pets on owner’s lot. A ‘dog run’ or chained to a dog house is not sufficient.
Section 13: Temporary or Accessory Structures.
No structure of a temporary character, trailer, detached garage, barn, storage shed, tent or outbuilding may be placed, used or occupied on any Lot, either temporarily, or permanently, except that tents for entertainment purposes may be erected for periods not to exceed forty-eight (48) hours. Permanent swimming pool bathhouses, detached garages, and storage sheds which are architecturally compatible with the primary residence may be permitted provided that plans for such have been approved by the Committee.
Section 14: Storage of Vehicles.
All vehicles, including without limitation, automobiles, permitted trucks, garden tractors, motor homes, recreational vehicles and utility trailers of the owners are to be parked in off-street parking areas. In addition to the foregoing requirements, unlicensed vehicles and/or un-operable vehicles shall be parked either in an enclosed garage or within the rear yard area shielded from adjoining Lots and the street by a privacy fence, hedge, or other suitable planting.
Section 15: Antennas.
No exterior radio, television or other communications antenna of any type exceeding twenty-four (24) inches in diameter or height may be erected, placed, maintained or permitted to remain on any Lot. The location of any permitted antenna up to twenty-four (24) inches in height or diameter shall be behind the residence or in dwelling attic space.
Section 16: Outdoor Playsets.
Outdoor playground equipment (swing sets, ‘forts’, ‘jungle gyms’, trampolines, etc.) shall be located in the rear yard areas of residences so as not to be visible from roadway areas.
Section 17: Easements.
Easements for the construction, installation and maintenance of public utilities, for surface and road drainage facilities are reserved as shown on the recorded Survey of the Subdivision. Landscaping and plantings shall be allowed within easements to the extent that they do not interfere with reasonable and necessary access for the installation and maintenance of the utilities and facilities located within such easements. No building, wall or any other permanent structure shall be constructed on any easement nor shall any grading be done to restrict water flow in any drainage easements. Driveways shall not be considered structures for the purposes of this restriction.
Section 18: Underground Utilities.
All public utilities such as water mains, electric, cable television, and telephone local subdivision distribution lines, and all connections to such facilities, either private or otherwise, shall be installed underground; provided, however, the above ground transformers, pedestals and other above ground electric, cable television, gas or telephone equipment deemed necessary by the supplier of any such utility service in connection with underground distribution systems shall be permitted. Each Owner shall be responsible for the installation, maintenance, repair, and replacement of electrical, telephone, and cable television service conductors and facilities on such Owner’s Lot, extending from the adjacent street right-of-way, or utility easement on such Lot, to the residence.
Section 19: Lighting.
All exterior lights and illuminated signs/objects shall be designed, located, installed and directed in such a manner as to prevent objectionable light at the property lines and disability glare at any location on or off the property. All lighting for security purposes will be of the shielded type, not allowing any upward distribution of light or light trespass beyond the property line. If floodlighting is used, it must be shielded to prevent disability glare for drivers or pedestrians, light trespass beyond the property line, and light above a 90 degree horizontal plane.
Section 20: Signs.
No billboard, poster, signs or object of unsightly nature shall be placed or permitted to remain on any part of any Lot, except one sign per Lot not to exceed five (5) square feet in area to advertise property for sale, or signs used by builders to advertise the property during construction and sales period. Temporary signs used to advertise political candidates/party or yard/garage sales may be placed for a period not exceeding four (4) days and may not be placed on Lots owned by someone other than the developer without permission.
Section 21: Sewage Disposal.
The Arkansas Department of Health has approved the Subdivision for offsite sewage disposal systems.
Section 22: Trash.
County supplied trash containers will be used for trash collection. Trash container will be placed in a location not visible from the roadway when not placed curb side for collection. Trash, construction debris, rubbish, litter, junk, etc. will not be stored on the Lot.
Section 23: Right-of-Way.
Declarant hereby retains a fifty (50) foot road right-of-way along the Property, consistent with the Survey recorded herein and said road right-of-way may be dedicated to the county, once the road has been built to County specifications, after which time the County shall maintain said road. Declarant and Declarant’s Appointees shall also have the right to install and maintain utilities in said road right-of-way and the common areas so designated and to add, maintain and replace said utilities in the road right-of-way and common areas. Declarant and Declarant’s Appointees shall also have the right to allow or refuse connection to utilities in said subdivision.
ARTICLE III
CONSTRUCTION REGULATIONS
Section 1: Accountability.
Prior to start of construction of a residence or other substantial improvement, each Owner shall provide his or her builder/contractor with a copy of the Declarations of Restrictions, and each Owner shall be held responsible for having his or her builder/contractor adhere to these Construction Regulations and other applicable provisions of this Declaration which are regulated by construction activities.
Section 2: Lot Clearing.
Trees that have been approved for removal must be clearly marked and the builder/construction workers must not remove or otherwise damage trees not marked for removal.
Section 3: Portable Toilet.
If required by state regulations, the builder shall provide a portable at the job site located so as not to be visible from the road until such time as the plumbing of the residence is in working order.
Section 4: Construction Area.
All construction activity and disturbance, including access by construction vehicles and equipment, shall be confined to the boundaries of the construction area for the home site under construction. Adjacent home sites may not be used for parking, storage or access without owner’s written permission.
Section 5: Cleanliness.
Throughout the course of construction, the job site shall be maintained in a clean and orderly manner. The road surface in the vicinity of the job site shall be kept clean of mud, trash and debris at all times.
Section 6: Storm Water Protection Plan.
The Subdivision maintains a Storm Water Protection Plan (SWPP) as required by the state of Arkansas and Garland County. Any contractor or subcontractor must make every effort to meet the requirements of the SWPP and secure any individual SWPP permit that may be required.
ARTICLE IV
GENERAL PROVISIONS
Section 1: Enforcement.
The Declarant shall have the right to enforce these covenants and restrictions by assessing a twenty-five dollar ($ 25) fee per violation and/or by proceeding at law or in equity against any person violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against any Lot to enforce the lien created by these covenants upon such Lot; and failure by the Declarant to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Declarant may at any time assign this power to the Subdivision Board of Directors.
Section 2: Invalidation of Covenants or Restrictions.
Invalidation of any one or more of these covenants or restrictions by judgment or court order shall in no way affect any other provision of this Declaration, and this Declaration shall otherwise continue and remain in full force and effect.
Section 3: Amendments and Duration.
This Declaration, and the covenants and restrictions herein contained, shall run with the Lots and shall inure to the benefit of, and be enforceable by any Owner, their respective legal representative, heirs, successors and/or assigns, for an initial period of twenty-five (25) years from the date of the Declaration, after which time they shall automatically extend for successive periods of ten (10) years unless an instrument signed by the then Owners of two-thirds (2/3) of the Lots shall have been recorded, agreeing to change this Declaration, in whole or in part; provided, however, that no such agreement and instrument of change shall be effective unless written notice of the proposed agreement and instrument of change is sent to every owner at least ninety (90) days in advance of any action taken. The term ‘then Owners’ shall be defined as to include owners of recorded Lots in all phases of Bryant Hills Subdivision. This Declaration may be amended during the primary term by a recorded agreement and instrument of changes signed by not less than ninety percent (90%) of the Owners, provided, that until December 31, 2032, Declarant shall have the right, by written instrument, signed, acknowledged and recorded with the County of Garland, to modify, amend, restate, waive or repeal any or all of the provisions herein contained with respect to all or any particular Lot within the Subdivision not materially affecting the rights of owners.
Section 4: Future Phases of Bryant Hills Subdivision.
Declarant may develop, but is not obligated to develop, all or portions of the adjacent land as a similar single family residential subdivision subject to Declaration of Covenants and Restrictions substantially similar to this Declaration.
Section 5: Disclaimer.
The terms, conditions, restrictions and provisions of this Declaration are intended solely to enable Declarant or Architectural Control Committee to exercise its discretion in order to achieve the purposes described in the recitals to this Declaration to the extent feasible. None of the terms, conditions, restrictions or other provisions of this Declaration shall be deemed to constitute a representation, covenant or obligation of Declarant and Declarant shall have no liability or obligation hereunder.
In Witness Whereof, the said Declarant hereto has executed this Declaration of Covenants and Restrictions to be effective as of the day and year aforesaid.
By:
__________________________________
Jimmy Don Daley
__________________________________
Peggy D. Daley
State of Arkansas
County of GARLAND
On this the _____ day of ________, 20___, before me, _______________________________________,
the undersigned notary, personally appeared Jimmy Don Daley and Peggy D. Daley known to me
(or satisfactorily proven) to be the person whose names are subscribed to the within instrument and
acknowledged that they executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
___________________________________
Notary Public
My Commission expires: _________________