Granville Community Calendar

Ordinance 20-1994

ORDINANCE NO.20-94
1
BY: re,f15 AN ORDINANCE TO APPROVE THE COVENANT AGREEMENT FOR PHASE IV OF
BRYN DU WOODS/ THE COLONY AT BRYN DU.
WHEREAS, on November 19, 1993, application was filed by the owners of the property
known as Bryn Du Phase IV/ the Colony at Bryn Du, requesting approval of the Development
Plan for land therein, and;
WHEREAS, said plan was submitted to the Granville Planning Commission which, after
public hearing conducted in accordance with Sections 1171.04 (a) 1()through 5( )of the
Granville Codified Ordinances on December 6, 1993, recommended to this Council, on
December 20, 1993, that said application be approved, and;
WHEREAS, this Council received said recommendation from the Planning Commission
at its January 5, 1994, regular Council meeting, and conducted public hearings on said
application on January 19, 1994, in accordance with Sections 1171. 04 (5 and (6),and;
WHEREAS, the Development Pan and Preliminary Plat for Phase IV of Bryn Du
Woods/ The Colony at Bryn Du was approved by Ordinance No. 1-94 on January 19, 1994,
and;
WHEREAS, the covenants to the construction of this Planned Unit Development, in
accordance with Village subdivision regulations, are hereupon agreed and make a part
hereupon agreed and made a part of the Bryn Du Woods /The Colony at Bryn Du
Development Plan.
NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, :
Section I: That the accompanying covenant agreement applying to the area encompassed
in the Bryn Du Woods Phase IV/ the Colony at Bryn Du Development Plan
hereto attached and marked Exhibit "A",be and is hereby made a part of this
ordinance.
Section 11: That the Covenant Agreement for Bryn Du Woods Phase IV/ the Colony at Bryn
Du Development Plan as recommended by the Planning Commission, be and
hereby is approved.
Section IV: That this ordinance shall take effect upon the earliest date permitted by law.
Passed this 3
Attest:
d ILLgT: YP) J& Clerk of Council
NUU2 i L/ : # -
A
a- ..1 .-
day of Augu +1994.
UJZr.@i Mayor
BRYN DU WOODS
PROTECTIVE COVENANTS
PHASE IV
Article 1 - Additional Definitions
6-j«ui AORO.
10-94
Unless the context otherwise speci fies or requires, as used in this deed the following terms
shall have the meanings specified:
§ 1. 01 Association: means BRYN DU WOODS ASSOCIATION, INC.,a non-profit Ohio
corporation, the members of which shall be each person, firm or corporation who becomes an
Owner.
§ 1.02 Board: shall mean the Board of Trustees or other governing body of the
Association.
§ 1.03 Bryn Du Woods: shall mean the residential community being developed and to be
developed on the Property.
§ 1.04 Building: shall mean a roofed and walled structure, together with all projections
and extensions thereof, including, but not limited to, garages, porches, canopies, shelters and
storage areas.
§ 1.05 Common Property: shall mean those areas of the Properly designated as such
pursuant to the provisions of §3.01 of these Protective Covenants and all buildings and
improvements now or hereafter situated thereon.
§ 1.06 Developer: shall mean the Grantor, Granville Golf Course Company, during such
periods as the Grantor is the record holder of the fee simple title to any part of the Property and shall
mean the Association at all other times.
§ 1.07 Front:shall mean the side facing the street.
§ 1.08 Improvements: shall mean and include, without limitation, buildings, outbuildings,
roads, driveways, parking areas, fences, retaining walls, swimming pools, screening
walls, ornamentation, signs, stairs, decks, hedges, wind-breaks, plantings, planted trees and
shrubs, poles and all other structures and landscaping, and each of the foregoing shall constitute an
Improvement".
§ 1.09 Lot: shall mean a part of the Property which constitutes a single parcel for
purposes of real estate taxation or two or more of such parcels which are contiguous, are commonly
owned and collectively constitute a single residential building site.
§ 1. 10 Owner:shall mean the holder or holders of record of the fee simple title to a Lot.
§ 1. 11 Property: shall mean and include the following:
1) At the time of the execution hereof, the term "Property"shall mean the real
property described in this deed and all presently existing Improvements built, installed or
erected thereon;
2) From and after the building, Installation orerection of each Improvement upon
the real property described in this deed, the term "Property"shall also Include each such
Improvement;
3) From and after each addition to the real property described in this deed,
pursuant to Article 7 hereof, the term "Property"shall also include each such additional
parcel of land and each Improvement existing thereon; and
4) From and after the building, installation or erection of each Improvement on
each additional parcel of land referred to in subparagraph (3)above, the term " Property"
shall also include each such Improvement.
§ 1. 12 Resident:shall mean and includeeach person lawfully residing on any Lotandthe
members of the immediate family of each such person actually residing in the same household.
Article 2 - Association Purposes and Membership,
Fees, Dues and Lien
§2.01 Purposes:The purposes of the Association shall be to acquire the fee simple title
to real property for the common use, benefit orenjoyment of its members, whether or not the same
shall be designated as Common Property; to improve, maintain and keep the same open, in repair
and free from nuisance and in a clean and sanitary condition and to pay the public taxes and
assessments thereon; to review, evaluate, approve and disapprove proposed plans for
Improvements to be constructed on the Property, to maintain and preserve the Bryn Du Woods
Design Standards (hereinafter defined)and to enforce the provisions of these Protective Covenants;
to determine what fees and dues shall be paid by its members, the amounts thereof and when the
same shall be due and payable; to promote, conserve and maintain the health, safety, welfare,
convenience, comfort and enjoyment of the Owners and Residents; to provide for the acquisition,
construction, management, maintenance and care of "Association property", as said term is
defined in present Sec. 528 of the United States Internal Revenue Code or may hereafter be defined
in any amendment or replacement of said section; and, in carrying out the foregoing provisions to
purchase, lease, exchange, acquire, own, hold, mortgage, pledge, hypothecate, borrow money upon,
sell, dedicate to public use and otherwise deal in and with real and personal property of every kind,
character and description, and any and all estates and interests therein and otherwise to do all
things permitted by law.
§2.02 Members: The members of the Association shall be each person, firm or
corporation who becomes an Owner. Each member shall be entitled to one vote on each matter
properly submitted to the members for their vote, consent, waiver, release or other action for each
Lot owned by such member. If, however, one Lot is owned by two or more members, such members
collectively shall have but one vote for such Lot.
§2.03 Fees and Dues:The Board shall determine what fees and dues shall be paid by the
members, the amounts thereof and when the same shall be due and payable, but all such fees and
dues shall be apportioned equally on a per Lot basis among all members. All such fees and dues
shall be used by the Association, without profit, solely in carrying out its purposes set forth herein
and in its Articles of Incorporation and shall not exceed the Maximum Amount per Lot per calendar
year unless the same shall have been approved by members entitled to exercise not less than a
majority of the total voting power of the members. The "Maximum Amount"for each calendaryear,
as used herein, shall mean the greater of One Hundred Dollars 1(0$0)ora sum of money having, as of
January of that calendar year, a purchasing power equal to One Hundred Dollars 1($00) as of
January, 1987, which sum shall be determined by Increasing or decreasing One Hundred Dollars
100)by the same percentage by which the Consumer Price Index for All Urban Consumers (All-
Items, U.S. City Average)published by Bureau of Labor Statistics of the United States Department of
Labor for January of such year has increased ordecreased in comparison with such Index (using the
same reference base) for January, 1987. If publication of such Index is discontinued or if the
reference bases are so changed that such Index no longer fairly represents changes in consumer prices from those as of January, 1987, adjustments in the Maximum Amount for any calendar year shall be made in accordance with such other index as will fairly reflect such changes, 1
§ 2.04 Personal Liability and Lien. Such fees and dues as become due and payable by a
member at any time during his period of membership shall be a personal obligation of such member
and, in addition, shall be a charge upon the Lot or Lots owned by such member, and the Association
shall have a lien on such Lot or Lots to secure the payment of all such fees and dues subject only to
lien of public authority for taxes and assessments and the lien of any first mortgage.
Article 3 · Common Property
§3.01 Designation of Common Property: The Grantor intends to convey to the
Association, subsequent to the recordation of this Deed and subsequent to the reconveyance of the
Property to the Grantor, one or more tracts of land within the Property for park and recreational
purposes. Upon designation by the Association of any part of the Property owned by it as Common
Property, the Association shall cause a declaration stating that such land has been so designated to
be recorded among the records of the Recorder of Licking County, Ohio. No part of the Property shall
be Common Property subject to the rights and easements of enjoyment and privileges hereinafter
granted unless and until the same shall have been so designated and the above described
declaration shall have been filed in accordance with the foregoing procedures. Common Property
shall remain such in perpetuity, subject only to the provisions of §3.06.
§3.02 Use of Common Property: Each Owner shall have a right and easement of use and
en'joyment in the Common Property in common with the other Owners. Such right and easement
shall be appurtenant to each Lot and shall not be transferable except as they shall automatically
transfer with the transfer of the ownership of the Lot. Each Resident shall have a non-transferable
privilege to use and enjoy the Common Property in common with the other Residents. For purposes
of this Article 3 only, the terms " Owner"and "Resident"shall also include the employees, guests,
invitees, and tenants of any Owner or Resident, if and to the extent the Association, in its absolute
discretion, so directs. All such rights, easements and privileges in this §3.02 set forth, however,shall
be subject to the further provisions of this deed and the right of the Association to promulgate and
adopt reasonable rules and regulations pertaining to the use of the Common Property, which in the
sole discretion of the Association will serve to promote the safety and convenience of the users of
the Common Property and will be in the interests of the Owners and Residents and Bryn Du Woods
as a whole, including, without limitation on the foregoing, making the Common Property available
foruse bychurches, school boards, other community and civic organizations, and the community at
large, with or without charge.
§3.03 Authority to Charge Admission and Other Fees: The Association shall have the
power and authority to charge Owners, Residents and other users of the Common Property, or any
one or more of the foregoing, reasonable admission, use, or other fees in connection with the use of
the Common Property. In establishing such admission and other fees, the Association may, in its
absolute discretion, establish reasonable classifications of Owners, Residents and of members of
the community at large. Such admissionand other fees mustbeuni form withineachsuchclass, but
need not be charged to all classes or be uniform from class to class.
§3.04 Authority to Borrow Funds:The Association shall have the power and authority to
borrow money for the purpose of improving the Common Property and, In aid thereof, to mortgage
the same, and the rights of any such mortgage shall be superior to the easements and privileges
herein granted and assured.
§3.05 Suspension of Right to Use Common Property: The Association shall have the
powerand authority to suspend the right of any Owner(and the privilege of each Resident claiming
through such Owner)of use of the Common Property for any period during which any fee or charges
payable by such Owner to the Association, or any installment thereof, remains overdue and unpaid
by such Owner, or in connection with the enforcement of any condition, covenant, restriction agreement imposed by this deed, of or any rules or regulations relating to the use of such facilities In
accordance with the provisions of this Article 3, or of any condition, covenant, restriction,
agreement, rule or regulation relating to the use of any portion of the Property,
§3.06 Authority to Convey Common Property: Notwithstanding the rights, easements
and privileges granted under this Article 3, the Association shall nevertheless have the power and
authority to convey or dedicate any property or an easement or right of way over any property
referred to in §3.01 hereof free and clear of all such rights, easements and privileges if such
conveyance or dedication is for a public purpose or to a public or private utility for the installation,
operation and maintenance of utility services. Any such conveyance or dedication for a purpose
other than the installation, operation and maintenance of utility services shall be made only if it is
authorized by the affirmative vote of members of the Association entitled to exercise not less than a
majority of the total voting power of the members present in person or presented by proxy at a
meeting (annual or special) called. for such purpose.
Article 4 - Administration and Approval Requirements
§4.01 Bryn Du Woods Design Standards: The Developer has established, will establish
and will hereafter maintain and preserve speci fic architectural guidelines and standards tocarry out
the intent of these Protective Covenants, which guidelines and standards from time to time in effect
with respect to all or any portion of the Property shall hereafter be referred to as the "Bryn Du Woods
Design Standards". In establishing the Bryn Du Woods Design Standards, the Developer has
Implemented and will implement design concepts which will provide for the combining of good
design with respect for the natural environment, the blending of buildings Into the landscape, the
establishment of consistent design and logical relationships to buildings, requiring the size, scale
or character of a building to be compatible with neighboring structures, disturbing a minimum of
existing grades and contours, utilizing as exterior building materials natural materials such as
wood, brick, stone and tile and utilizing as exterior colors earth tones (browns, tans, dusty greens,
warm grays and rusty reds)which will blend well with the trees, meadows and natural environment.
However, white is permitted.
§4.02 Developer's Actions:The Developer will exercise its best judgment to see that all
Improvements on the Property conform to Bryn Du Woods Design Standards as to external design,
quality and types of construction, materials, colors, setting, height, grade, finished ground
elevation, landscaping and tree removal. The actions of the Developer, through its approval or
disapproval of plans, specifications and other information submitted pursuant hereto, shall be
conclusive and binding on all interested parties.
§4.03 Requirement of Approval: No improvement, change, construction, addition,
excavation, landscaping, tree removal, or other work or action which in any way alters the exterior
appearance of any part of the Property from its natural or improved state shall be commenced or
continued until and unless plans and specifications for the same shall have been approved in
writing by the Developer. Approval shall be requested bysubmission to the Developer of such plans
and specifications, in duplicate, showing the following:
a) Existing and proposed land contours and grades;
b) All Buildings, and other Improvements, access drives, and other improved areas, and
the locations thereof on the site;
c) All landscaping, includingexisting and proposed treelocationsandplantingareas (and
specie thereof),mail boxes, and exterior ornamentation;
d) Plans for all floors, cross sections and elevations, including projections and wingwalls;
e) Exterior lighting plans;
f) Walls, fencing, and screening;
g) Patios, decks, pools, and porches;
h) Signs and parking areas;
i) Samples of All exterior material, including proposed colors, must be submitted to the
Developer, and
j) Such other information, data, and drawings as may be reasonably requested by the
Developer.
Specifications shall describe types of construction and exterior materials to be used,
including, without limitation, the colors and manufacturers thereof.
§ 4.04 Governmental Regulations: Each part of the Property is subject to all present and
future applicable laws, ordinances, rules, regulations and orders of the United States Government,
the State of Ohio, Licking County, the Village of Granville, and anyotherpolitical subdivision having
jurisdiction and any administrative agency of any of the foregoing. Nothing herein shall be
construed as permitting any action or condition prohibited by such applicable laws, ordinances,
rules, regulations and orders. In the event of any conflict between any such applicable laws,
ordinances, rules, regulations and orders of these Protective Covenants, the most restrictive
provisions of each shall govern and control.
§4.05 Basis of Approval: Approval shall be based, among other things, upon conformity
and harmony of the proposed Improvements with other Improvements in Bryn Du Woods; the effect
of the location and use of the proposed Improvements on neighboring property; and conformity of
the proposed Improvements to the purpose and general intent of the Bryn Du Woods Design
Standards and these Protective Covenants.
§4.06 Failure to Approve or Disapprove: If the Developer fails either to approve or
disapprove the plans and specifications for any proposed Improvements within thirty (30)days after
the same have been delivered to the Developer either personally or by certified mall, It shall be
presumed that the Developer has approved said plans and specifications.
§ 4.07 Liability Relating to Approvals: Neither the Grantor nor the Association norany of
their respective officers, directors, trustees, agents, employees, shareholders or members shall be
liable to anyone by reason of mistakes in judgment, negligence or nonfeasance arising out of or in
connection with the approval or disapproval or failure to approve plans and specifications. Each
person or entity who submits plans and specifications to the Developeragrees, by the submission of
such plans and specifications, that he or it will not bring any action or suit against the Grantor, the
Association or any of their respective officers, directors, trustees, agents, employees, shareholders
or members fordamages resulting from any such mistake in judgment, negligence or nonfeasance.
§4.08 Requirement of Completion; Notice of Completion; Non-Compliance or Non·
Completion:An Owner shall cause any Improvement in or to the Property to be diligently pursued to
completion within twelve months of the commencement of construction. Upon the completion of
any Improvement, the person or entity who completed the same may file with the Developer a notice
of completion and compliance which shall give rise to a concluslve presumption In favor of such
person or entity and any Owner of the part of the Property on which the Improvement is located and
any encumbrancer acting in good faith and for value that said Improvement is completed and in
compliance with all provisions of this Article 4 and the construction requirements of Article 5,
unless within thirty (30)days of said filing the Developer gives actual notice of non-compliance or
non-completion. Notice of non-compliance or non-completion will be considered to be delivered
when it is posted on or about the Improvement in question. In the event any Improvement in the
Property is, by virtue of this §4.08, conclusively presumed to be completed and in compliance with
all provisions of this Article 4 and the construction requirements of Article 5, such person or entity
and any such Owner and any such encumbrancer may at any time request In writing that the
Developer issue a certificate certifying that said Improvement is completed and in compliance with
all provisions of this Article 4 and the construction requirements of Article 5,which certificate shall
be issued by the Developer within fifteen (15)days of its receipt of written request therefor, and which certificate shall be conclusive evidence that said Improvement is completed and In
compliance with all provisions of this Article 4 and the construction requirements of Article 5.
t
Article 5 · Land Use
§5.01 Restrictions as to Use of Lots and Size, Height and Location of Buildings:, Reserve
A of Bryn Du Woods (Phase I)shall be used only for storm water ponding and drainage and, for park
and recreational purposes. Lots Nos. Ninety-Nine (99)through One Hundred Fifty-Five (155),both
numbers inclusive, of said subdivision shall be used only for private residential purposes and
purposes incidental thereto, and no such lot shall be subdivided without the written consent of the
Developer endorsed on the instrument or plat effecting such subdivision. Not more than one
dwelling house for a single, private family and buildings and structures accessory thereto shall be
erected on any such lot.
Each one-story dwelling house shall have a minimum living floorarea of 2,500 square feet.
Each one and one-half-story dwelling house shall have a minimum living floor area on the main or
ground floor of 1, 500 square feet. Each two-story dwelling house shall have a minimum living floor
area on the main or ground floor of 1,300 square feet. Dwelling house shall have a minimum finished
living floor area of less than 2,500 square feet. In computing floor areas, basements; attics, garages,
garage spaces, porches and decks shall be excluded.
No Building may be constructed on the Property having a height greater than thirty-five (35)
feet measured from the finish grade of the Property at the main entrance of the Building tothe ridge
of the roof or to any other element of the Building (excluding chimneys, flues, and vents).
No Building, wall, fence or other structure shall be constructed, placed or maintained on
any Lot nearer to a perimeter boundary line of such Lot than the building setback line applicable
thbreto set forth on the recorded subdivision plat containing each Lot. No Building shall be
constructed, placed or maintained on any Lot nearer than ten (10)feet to any perimeter boundary line
of such Lot to which a platted building setback line is not applicable.
§5.02 Temporary Improvements: No temporary building or structures shall be permitted
on any Lot, provided, however, trailers, temporary buildings, barricades and the like shall be
permitted for construction purposes during the construction period of a permanent Building, if the
Developer shall have theretofore approved in writing the design, appearance, and location of the
same. All such trailers, temporary buildings, barricades and the like shall be removed not laterthan
fourteen (14)days afterthe date of completion of the Building(s)for which the same were permitted,
and shall be permitted on a Lot for no longer than a period of one (1) year, unless a variance is
granted by the Developer.
§5.03 Antennas: No antenna for transmission or reception of television signals or any
other form of electromagnetic radiation shall beerected, used ormaintained on the Property outside
any Building, whetherattached toan Improvementorotherwise, without thepriorwritten approval of
the Developer.
§5.04 Utility Service: No lines, wires or other devices for communication purposes,
including telephone, televisions, data and radio signals, or for transmission of electric current or
energy, shall be constructed, placed or maintained anywhere in or upon the Property unless the
same shall be in or by conduits or cables constructed, placed and maintained underground or
concealed in, under or on Buildings, or other approved Improvements; provided, above ground
electrical transformers and otherequipment may be permitted if properly screened and approved by
the Developer. In addition, all gas, water, sewer, oil and other pipes for gas or liquid transmission
shall also be placed underground or within or other Buildings. Nothing herein shall be deemed to
forbid the erection and use of temporary power or telephone services incident to the construction of
approved Improvements. All service entries and conduits shall be painted to blend with the Building
they serve. No window air-conditioners shall face any street or the Golf Course. All air-conditioning
condensers and other mechanical equipment shall be permanently screened from any street,
neighboring properties and the Golf Course.
§ 5.05 Site Placement:All Buildings and other Improvements shall be placed so that the
existing topographyand landscapeshall bedisturbed as littleas possible, andsothatthemaximum
number of desirable trees and other natural features will be preserved. Trees in natural areas shall
be protected by a temporary fence during construction. Retaining walls, mounding, and stepping of
slopes shall be utilized as much as possible to keep the natural appearance of the site. Graded
portions of Lots outside the building area shall be kept at existing grade or shaped not to exceed a
four to one slope. Storm water from Buildings and pavement shall be carried away by pipe or swale
to the nearest storm sewer or natural waterway.
§5.06 Parking, Loading and Unloading Areas: Adequate off-street parking must be
provided for all residential units. Specifically, each single-family dwelling house must have at least
a two-car covered and enclosed garage, plus additional off-street parking for at least two cars, As
used herein, c"ar"shall mean a full-sized automobile, as opposed to a compact or subcompact
automobile.
§5.07 Service Screening, Storage Areas: Garbage and refuse shall be placed in
containers, which shall be concealed and contained within Buildings, or shall be concealed by
means of a screening wall of materials similar to and compatible with that of the Building or
Buildings on the Lot, orshall be concealed by sufficient landscaping to provide a permanentscreen
at all times of the year. These elements shall be integrated with the Building plan, be designed so as
not to attract attention, and shall be located in such an inconspicuous manner as is reasonably
possible. Unless specifically approved by the Developer in writing, no materials, supplies or
equipmentshall be stored on the Prbperty except insideaclosed Building, orbehind a visual barrier
screening the storage areas so that they are not visible from neighboring streets or properties. Metal
storage sheds and other prefabricated out-buildings are not permitted.
§5.08 Streets, Drives, Curbs and Walks: Streets, drives, curbs and walks shall be
constructed or altered only In accordance with plans and specifications submitted and approved in
writing by the Developer. All drives and parking areas shall be paved. No gravel or stone drives or
parking areas shall be permitted. No drive or parking area shall be constructed or maintained on any
Lot nearer than five feet to any perimeter boundary line that is not coincident with a street right-ofway
line.
§ 5.09 Storage Tanks: No storage tanks, including, but not limited to, those used for
storage of water, gasoline, oil, other liquids orany gas, shall be permitted on the Property outside a
Building except as approved by the Developer.
§5.10 Building Exteriors: All windows, porches, balconies and the exteriors of Buildings
shall atall times be maintained inaneat and orderlymanner. Noclotheslines or other outside drying
or airing facilities shall be permitted. Finish building materials shall be applied to all sides of the
exteriors of Buildings. Exteriorcolors shall be harmonious and compatible withcolors of the natural
surroundings and other adjacent Buildings. However, white is permitted. Roofs shall have a
minimum pitch of six/twelve. Roof coverings shall be of approved twenty-five year asphalt shingles,
wood, metal, slate or tile. White roofs are prohibited. Gutters (except copper),fascias and rake
boards shall be stained or painted to blend with the roof. Downspouts (except copper)shall be
painted to blend with the Building's exterior colors. Roof ends, fans, vents and flashing (except
copper)shall be painted to match the roof. All sides of a building shall be detailed and finished in a
similar fashion and no more than three materials shall converge at any point on a Building. If a
material is not used on the front of the building in a significant quantity, ( as determined by the
developer)then It cannot be used on the other sides of the building. All window frames shall be of
wood or wood clad and all four sides the same. Awnings shall not be used unless they are cloth type
and blend with the Building's exterior colors. Aluminum storm and screen doors may be used only if
their finish blends with the Building's exterior colors. Aluminum and vinyl siding are prohibited.
Garage doors shall blend with the Building of which they are a part, of one color and be of wood or
wood-based material. Artificial stone may not be used except on chimneys. All chimneys must be
faced on the outside with stone, artificial stone, thin brick or brick. Stucco must blend with natural
earth colors and shall not be applied to more than forty percent 4( 0%of )the exterior surface of the
structure. Above ground portable pools shall not be installed. Inground swimming pools shall be
visually screened from all foursides of the Lot and the location shall be approved by the Developer.
Basketball bankboards shall not face any street and shall be screened or painted to match the
Building's exterior colors. All outdoor lighting shall be positioned so as not to disturb neighboring
property owners. Open-bulbed lanterns with directglare may not be used. The Developer will specify
a standard design mall box, and no other visible mail box shall be placed or maintained on the Property.
§5.11 Outdoor Activities: Outdoor hobbies or activities tnat tend to detract from the
aesthetic character of the Property, and Improvements used in connection with such hobbies or
activities, shall not be permitted unless carried out orconducted as directed by the Developer.This
paragraph has reference to, but is not limited to, such activities as automotive and boat repair and
sporting activities involving equipment placed on the property.
§5.12 Fences: Fences shall be built from stone, wood, brick or plantings and shall range
in height from a minimum of two feet (2')to a maximum of six feet (6'). Except for fences existing at
the time of the execution of this deed along perimeter boundary lines of the Property which divide
the Property from other real property, no chain link or wire fencing shall be constructed, placed or
maintained anywhere in or on any part of the Property which is visible from any surrounding part or
parts of the Property except property abutting the Property.
§5.13 Signs: No signs whatsoever (including, but not limited to, commercial, political
and similar signs)shall be erected or maintained on the Property except:
a) Such signs as may be required by law;
b) One sign at any one time carrying the legend "For Sale"or "For Lease";
c) Political signs may be displayed for a period of time as per Granville Village code.
d) Signs supporting student school activities may be displayed with specific permission
by the Board of Trustees of the Bryn Du Woods Association, Inc.
N6 sign shall have an area greater than three square feet.
§5.14 Landscaping: Each part of the Property which shall have been altered from Its
natural state existing at the time of the execution of this deed shall be landscaped according to
plans approved by the Developer. All shrubs, trees, grass and plantings of every kind shall be kept
well-maintained, properly cultivated and free of trash and other unsightly materials. Landscaping
shall be installed no later than one hundred eighty (180)days following occupancy of or completion
of the construction of any Building, whichever occurs first.
§5.15 Condition of the Property and Nuisances: Each part of the Property and all
Buildings, structures, appurtenances, screening, fences, parking areas, driveways, walks,
landscaping and other Improvements of whatever nature thereon shall be maintained at all times in
a safe, clean and wholesome manner and in first class condition and repair, replacements being
made if necessary. No rubbish or debris of any kind shall be placed or permitted to accumulate
upon, and no odors shall be permitted to arise or be emltted from, any part of the Property so as to
render such part unsanitary or unsightly, offensive or detrimental to any other part of the Property or
the occupants thereof. No exterior lights, the principal beam of which shines upon portions of the
Property other than the Lot upon which they are located, or which otherwise cause unreasonable
interference with the use and enjoyment of any other part of the Property by the occupants thereof,
and no speakers, horns, whistles, bells or other sound devices, shall be located, used or placed on
the Property, except security devices used exclusively for security purposes which are activated
only in emergency situations or for testing thereof. During construction, each Owner of his or its
contractors shall at all times be responsible for keeping his or its Lot and adjoining premises free
from the accumulation of waste materials and rubbish, and shall keep streets and driveways clear of
mud caused by the construction operations. If any Lot is not being maintained as required,
Developer may give its Owner written notice of such fact, and if the Owner fails to comply with this
provision within fifteen (15)days after such written notice (or within a longer period of time If the
required work cannot reasonably be completed within fifteen (15)days and If the required work Is
commenced within said fifteen (15)day period and thereafter is continued with due diligence and
dispatch),Developer shall have the right to enter upon the Lot and perform the required
maintenance or repairs at the expense of the Owner. Developershall give written notice of the cost
of such maintenance or repairs to the Owner and such cost shall be reimbursed by the Owner to the
Developer within ten (10)days after the date of such notice.
1
§5.16 Right of Entry: Developer and its representatives shall have the right, during
reasonable hours, to enter upon and inspect any part of the Property and any Building, whether prior
to, during, or after the completion of the construction of any Improvement or Building, for purposes
of determining whether or not the provisions of these Prot&ctive Covenants are being complied with
and exercising all rights and powers conferred upon the Developer with respect to the enforcement
or correction or remedy of any failure of an Owner to observe these Protective Covenants, and the
Developer and Its representatives shall not be deemed to have committed a trespass as a result
thereof. Notwithstanding the foregoing, an occupied Building may not be entered.
§5.17 Mineral Exploration: The Property shall not be used in any manner to explore for,
use or exploit commercially any water, oil or other hydrocarbons, minerals of any kind, gravel, earth,
soil, or any other substance located in or under the ground.
§5.18 Machinery and Equipment: No commercial machinery or equipment of any kind
shall be placed, operated or maintained upon the Property except such machinery or equipment
reasonably necessary for use in connection with maintenance or construction of Improvements as
approved by the Developer.
§5.19 Vehicles, Trailers, Boats, Commercial Vehicles, or Motor Homes: No automobile
or motor driveh vehicle may be left upon the Property for a period longer than five (5)days in a
condition such that it is incapable of being operated upon the public highways. Aftersuch time, the
vehicle shall be considered as a nuisance and detrimental to the welfare of the neighborhood and
must be removed from the Property. No towed vehicle, boat, motor home or mobile home shall be
left or kept on any part of the Property for a period longer than twenty-four (24)hours, and after the
expiration of twenty-four (24)hours any such towed vehicle, boat, motor home or mobile home shall
be considered a nuisance and detrimental to the welfare of the neighborhood and must be removed
from the Property. The foregoing, however, does not apply to such boats or other vehicles, whether
motor-driven or towed, as are stored wholly within a Building. No commercial vehicles may be
parked, stored or temporarily kept on the Property, except when stored wholly within Buildings, or
except when there temporarily to service existing Improvements or to be used In connection with the
construction of Improvements on the Property.
§5.20 Animals: No animals, birds, insects, livestock or poultry of any kind shall be
raised, bred, or kept on the Property except dogs, cats and other household pets which are kept for
domestic purposes only, and are not kept, bred or maintained for any commercial purpose. No more
than two dogs and two cats may be kept on any Lot or in any Building or combination of Buildings on
any Lot except when such dogs or cats in excess of such numbers are less than three months of
age.
§5.21 Removal of Trees: In order that the natural beauty of the Property may be
preserved, no living tree having a caliper measurement or diameter of six (6)inches or more shall be
destroyed or removed from the Property unless approved by the Developer in connection with its
approval of the plans and specifications for the construction of Improvements on the Property or
otherwise with the prior express written consent of the Developer. In the event of a violation of this
paragraph, the Developer, and its representatives, may, at its option, cause any tree so removed or
destroyed to be replaced with another tree, and the Owner of the part of the Property from or on
which the tree was removed or destroyed shall reimburse the Developer forall expenses incurred by
it; provided, however, that with respect to the replacement of a tree there shall be no obligation of
reimbursement in any amount in excess of the expenses which would be incurred if the destroyed or
removed tree were replaced with a tree similar in type and size.
§5.22 Dralnage and Grading: No drainage ditches, cuts, swales, streams,
impoundments, ponds, or lakes; no mounds, knobs, dams, or hills; and no other physical
improvements or elements of the landscape or terrain which control or determine the location of
flow of surface water and drainage patterns may be destroyed, altered or modified by, or at the
direction or with the consent of any Owner, without the prior written consent of the Developer.In the
eventof any destruction, alteration ormodification made oroccurring withoutsuch priorconsentof
the Developer, the Developer and its representatives, shall have the right to enter upon the Property and any Lot to remedy or repair any such destruction, alteration, modification, or improvement
without being guilty of trespass and without liability to any Owner with respect to the same or the
consequences thereof. Whenever, because of construction of Improvements on a part of the
Property or for some other reason, silt would run off of a part of the Property on to any adjacent
property, the Owner of such part shall be obligated to provide a means of siltation control to prevent
silt from running off such part on to such adjacent propetty.
Article 6 - Enforcement
§6.01 Interpretation: In case of uncertainty as to the meaning of an article, paragraph,
sentence, clause, phrase or word in these Protective Covenants, the interpretation of the Developer
shall be final and conclusive upon all interested parties.
§6.02 Abatement and Suit: Violation or breach of any of these Protective Covenants
shall give to the Grantor and the Association the joint and several right to enter the part of the
Property involved and abate and remove the same, and the Grantor and/or the Association, as the
case may be, shall be entitled to be reimbursed for its expenses incurred in abating or removing
such violation or breach by the Owner of the part of the Property involved. Violation or breach of any
of these Protective Covenants shall also give to the Grantor and the Association the joint and
several right to proceed at law or in equity against the Owner of the part of the Property involved or
any person or persons who have violated or breached or are attempting to violate or breach these
Protective Covenants for injunctive relief or to recover damages. In any such legal or equitable
proceeding, the unsuccessful party or parties shall pay the attorneys' fees of the prevailing party or
parties in such amount as may be fixed by the court. All remedies provided for herein orat law or in
equity shall be cumulative and not exclusive.
§6.03 Failure to Enforce Not a Waiver of Rights: With the exception of a time limit for
action by the Developer contained in Article 4 above, failure of the Grantor, the Association, or any
Owner, to enforce any of these Protective Covenants shall in no way be deemed a waiver of the right
to do so thereafter or the right to enforce any other of these Protective Covenants.
§6.04 Personal Obligation and Lien for Payments:Any amount which, pursuant to these
Protective Covenants, an Owner is required to pay to the Grantor or the Association or for which an
Owner is required to reimburse the Grantororthe Association shall become due and payable tothe
Grantor or the Association immediately upon the receipt by such Owner of a statement therefor from
theentityentitled to paymentor reimbursement, shall bearinterest atthe highest lawful rate afterit
becomes due, shall constitute a personal obligation of such Owner and, in addition, shall be a
charge upon the part or parts of the Property owned by him, and the entity entitled to such payment
or reimbursement shall have a lien on such part or parts of the Property to secure payment or
reimbursement, subject only to the lien of public authority for taxes and assessments and the lien of
any first mortgage. The Grantor or the Association shall furnish to any Owner upon the request of
such Ownerand upon the payment of the expenses of the Grantor or the Association in connection
therewith such certificates of payment or nonpayment regarding payments or reimbursement to
which the Grantor or the Association Is entitled from such Owner or any predecessor In title
pursuant to these Protective Covenants, which certificates shall be signed by an officer of the entity
furnishing the sameand shall be in accordance with the facts. Suchcertificatesshall be conclusive
evidence of the facts recited therein, and all persons dealing with any part of the Property or any
interest therein may rely and act upon the same.
§6.05 Liability Relating to Enforcement: Neither the Grantor northe Association norany
of their respective officers, directors, trustees, agents, employees, shareholders or members shall
be liable to anyone by reason of mistake in judgment, negligence or nonfeasance arising out of any
act oractions to en force or any failure to enforce these Protective Covenants. Each person orentity
who accepts a conveyance of all or any part of the Property agrees, by acceptance of such
conveyance, that he or it will not bring any action orsuit against the Developer, the Association, or
any of their respective officers, directors, trustees, agents, employees, shareholders ormembers for
damages resulting from any such mistake in judgment, negligence or nonfeasance.
Article 7 - Additions to the Property
Upon the execution and delivery by the Grantor of a deed subjecting the real property
described in said deed to these Protective Covenants and the filing of said deed with the Recorderof
the appropriate county or counties, the real property described therein shall thereupon be and
become a part of the Property and subject to all of the conditions, covenants, restrictions and
agreements set forth in these Protective Covenants.
Article 8 · Period of Duration
These Protective Covenants, as the same maybeamended, modi fied, changed oradded to
as provided in Article 15, and the charges and liens provided for herein, shall be deemed to run with
the land; shall continue in full force and effect for a period of thirty-five (35)years from the date
hereof; and shall be automatically reinstated for a like period unless written objection is theretofore
declared and filed by the Association and the Owners of a majority of the Lots comprising the
Property with the Recorder of Licking County, Ohio.
Article 9 - Constructive Notice and Acceptance
Every person who now or hereafter owns or acquires any rights, title or estate in any part of
the Property is and shall be conclusively deemed to have consented and agreed to every covenant,
condition and restriction contained herein whetheror not a reference to these Protective Covenants
is contained in the instrument by which such person acquired an interest in said part of the Property.
Article 10 - Easements
Grantee and Grantee's successors and assigns as Owners hereby agree to grant utility
easements to the Grantor or to the Association for the purpose of constructing utility lines over or
through the Property. The Grantor or the Association, as the case may be, shall present to each
Owner whose part of the Property is affected a survey of any proposed easement which shall be
subject to such Owner's approval, but which approval shall not be unreasonably withheld. Subject to
the aforesaid approval, each Owner agrees to execute all appropriate papers and documents to
accomplish the foregoing. If the exercise of any of the rights granted by any such easement results
in the damage, destruction or disturbance of any part of the Property, the person or entity exercising
such rights shall, at his or its sole expense, repair or restore the part of the Property damaged,
destroyed or disturbed to its condition immediately prior to such damage, destruction or
disturbance.
Article 11 · Rights of Mortgagee
All provisions of these Protective Covenants, including the provisions hereof respecting
liens and charges against the Property, shall be deemed subject and subordinate to the lien of all
recorded first mortgages and deeds on or for any part, parts or all of the Property securing a debt,
now or hereafter executed, and none of these Protective Covenants shall supersede or in any way
reduce the security or affect the validity of such lien or mortgage or deed to secure such debt;
provided, however, that if any part of said Property is sold or conveyed under a foreclosure or other
enforcement of any mortgage or under the provisions of any deed to secure debt, any grantee or
purchaser at such sale, and his heirs, personal representatives, successors and assigns, shall hold
any and all property so conveyed or purchased, subject to these Protective Covenants.
Article 12 · Mutuality
All restrictions, conditions and covenants contained herein are made for the direct mutual
and reciprocal benefit of the Grantor, the Association, and the Grantee and their respective
successors and assigns; these Protective Covenants shall create mutual equitable servitudes upon
each part of the Property In favor of each other part of the Property; these Protective Covenants shall
create reciprocal rights and obligations between the respective Owners of all parts of the Property
ar -'i ri·,it'y of contract and estate between all such Owners; and these Protective Covenants shall,
as to the Owner of any part of such Property, his heirs, personal representatives, successors and
assigns, operate as covenants running with the land for the benefit of all parts of the Property and
the Owners thereof.
Article 13 - Paragraph Headings
The paragraph headings are Intended for convenience only and are not intended to be a
part of these Protective Covenants in any way to define, limit or describe the scope or intent of the
particular paragraph to which they refer.
Article 14 · Effect of Invalidation
If any provision of these Protective Covenants is held to be invalid by any court of
competent jurisdiction, the invalidity of such provisions shall not affect the validity of the remaining
provisions hereof.
Article 15 - Amendments, Modifications, Changes or Additions
Amendments, modifications, changes or additions to these Protective Covenants may be
made from time to time by an instrument in writing setting forth the amendments, modifications,
changes and/or additions effected thereby which is executed by the Developer and by the owners of
not less than a majority of the Lots constituting part of the Property in the manner provided by law
for the execution of deeds and the filing for record of such instrument with the Recorder of Licking
County, Ohio.

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