MOUNTAIN ARROW VILLAGE GREEN
DECLARATION OF RESTRICTIVE COVENANTS
TOWN OF CAMDEN,
KNOX COUNTY, STATE OF MAINE
(Amended April 15, 2009 and replacing in full the Declaration of Restrictive Covenants
recorded May 28, 2008 in Book 3961, Page 1,Knox County Registry of Deeds)
WHEREAS, Mountain Arrow Village Green, Inc., by its President Trygve Bratz, having an address of 38 High St. Camden, Maine 04843 (hereinafter referred to as "Declarant"), pursuant to a deed recorded in Book 3951, Page 258 in the Knox County Registry of Deeds,
owns land on High Street in the Town of Camden, County of Knox, State of Maine;
WHEREAS, the Declarant is subdividing this land into thirteen (13) lots as shown on the subdivision plan entitled SUBDIVISION PLAN, MOUNTAIN ARROW VILLAGE GREEN, prepared by Gartley & Dorsky Engineering and approved by the Town of Camden Planning Board and recorded in said Registry in Cabinet 19, Sheet 160, and as may be amended from time to time;
WHEREAS, the Declarant desires to protect the environment, quiet enjoyment and value of the land and lots. The purpose of these restrictive covenants is to extend the traditional beauty of High Street into the Mountain Arrow Village Green, maximize the value of the resident properties, protect the lot owner's ability to quietly enjoy a well maintained village atmosphere in a rural setting, and adhere to guidelines which will continue to protect the beauty of the neighborhood's landscape and environment;
NOW THEREFORE, the Declarant for itself and for its successors and assigns, does hereby agree and declare that ownership of the lots of this development shall be restricted by the following restrictive covenants:
- All the lots shall be known, described and used as residential lots.With the exception of Lots 9 and 13, no subdivision lot may be further subdivided. No building or structure of any kind whatsoever other than one (1) single family dwelling house, a private garage and two (2) outbuildings shall be constructed, erected, placed or altered on the residential building lot.Outbuildings may include guest houses if constructed without kitchen facilities.Lots 9 and 13 may each have three (3) outbuildings.Stone walls will be encouraged and are not to exceed (4) four feet in height along property boundaries.Subject to the provisions of the Camden Land Use Ordinance, boundary lines between lots in the subdivision may be adjusted or moved and land may be transferred to an adjoining property owner so long as the change does not result in the creation of any additional lots.
- The Declarant shall appoint a Design Review Committee comprised of no less than 3 and no more than 7 individuals who shall review all proposed structures prior to construction on any residential lot. The purpose of the Design Review Committee is to protect the value of the homes in the Mountain Arrow Village Green subdivision. The current members of the Design Review Committee are Trygve Bratz, Joseph D. Messler, and Christopher Glass.The Design Review Committee shall exist independently of the Mountain Arrow Village Green Homeowner's Association.The Declarant may appoint additional members at his discretion.In the event Trygve Bratz is unavailable or unable to participate in the Design Review Committee, the remaining Directors of Mountain Arrow Village Green, Inc. shall act in his stead.
Homes proposed for the Mountain Arrow Village Green subdivision shall be constructed in the shingle style type of architecture, but similar designs utilizing clapboard or other types of siding may also be considered.A landscaping plan shall be submitted to the design review committee for review prior to the development or clearing of each lot. The proposed landscaping must be in keeping with the theme of the subdivision and maintain the rural feel. This is not intended to limit the creation of lawn but should include plantings around structures and some shade trees. The use of natural stonework is encouraged. Long sections of cedar hedges are discouraged. Lots owned by the Declarant that are not part of the subdivision but are located on Mountain Arrow Drive shall be exempt from the Design Review Committee approval process.No building or structure, either principal dwelling or outbuilding, shall be erected, placed or installed on any parcel, nor shall any building or structure be altered in external appearance until the building plans, detailed specifications (including external color scheme) and a plot plan showing the location of said structure (within the building envelope area) and all related site work and landscaping, shall have been submitted to and approved in writing by the Design Review Committee. The Design Review Committee shall consider the fitness of the external design and color and the location of building. Approval of the same shall not be unreasonably withheld and shall be deemed to have been given approval by the Design Review Committee within thirty (30) days of the submission of such material to the Design Review Committee.Lot owners may record an affidavit or other form of substantiation evidencing compliance and proof of submission in the event the Design Review Committee does not respond within thirty (30) of submission.All decisions of the Design Review Committee shall be by majority vote.All design review criteria and architectural templates that may be relied upon by the Design Review Committee shall be provided to any potential lot purchaser upon request.The Design Review Committee's interpretation of the criteria shall govern. Lot 1 of the Mountain Arrow Village Green subdivision shall be exempt from the provisions of this paragraph as it is already developed with the "caretaker's cottage," so-called, and a private garage and outbuildings.Lot 13 shall be exempt from the requirement of shingle style type of architecture.Upon completion of development of the residential lots in the Mountain Arrow Village Green subdivision, the existence and oversight of the Design Review Committee shall terminate.
- The ground floor of the main structure, exclusive of uncovered porches and garages but inclusive of covered porches, shall not be less than 1,300 square feet for a single story dwelling.For a two-story dwelling, there shall be no less than 1,000 square feet for the first floor of a dwelling with a minimum of 1,500 square feet. The main roof pitch of any structure on any lot shall be a minimum of 8/12 and shall not exceed a pitch of 12/12.The Design Review Committee may allow for deviation from the roof pitch limitations where appropriate, including but not limited to, a mansard roof design.No mobile homes, ranches or raised ranch style dwellings shall be allowed. Declarant and/or the Design Review Committee shall provide architectural design templates as guidelines for structure design.Lot 1 of the Mountain Arrow Village Green subdivision shall be exempt from the provisions of this paragraph as it is already developed with the "caretaker's cottage," so-called, and a private garage and outbuildings.
- In the event that the curbing adjacent to any lot or any part of the road is damaged during the course of constructing any dwelling on any lot, the lot owner responsible for the damage shall replace and/or repair the same at his/her expense.There shall be no overnight parking allowed on Mountain Arrow Drive.
- All areas disturbed by construction, clearing, and other activities which remove substantially all vegetation shall be temporarily mulched within 7 days of exposing the soil or prior to any storm event in accordance with the Maine DEP Best Management Practices for Erosion and Sediment Control.All exposed areas shall be permanently revegetated except for roads, driveways, patios, gardens and the footprints of structures no later than eight (8) months after the issuance of a Town of Camden certificate of compliance.All construction debris shall be removed no later than 45 days after the issuance of said certificate of compliance.In the event the owner of Lots 9 or 13 develops an area larger than one contiguous acre (43,560 square feet), additional permitting from Maine DEP will be required.Mountain Arrow Village Green, Inc. shall be responsible for regular inspections and upkeep of the stormwater management system including, but not limited to, semi-annual inspections of all catch basins and culverts, vegetated buffers, level spreaders and all swales and ditches.The stormwater system management responsibility shall pass to the Mountain Arrow Village Green Owners Association once that association has been established.
- Each dwelling shall be substantially completed within twelve (12) months from the date of commencement of construction and no temporary buildings shall be occupied for dwelling purposes upon a lot during the construction thereof.
- All lighting shall be located and operated such that it does not cause environmental glare by shielding the lighting elements in order that they are not directly visible from any dwelling unit in the subdivision and they shall not illuminate any land off the property of the owner of said lights other than subdivision roads.
- Only domestic animals shall be allowed in the subdivision.No domestic animals shall be kept in the subdivision for commercial purposes.
- Outside storage of boats is prohibited in the subdivision.Outside storage of other personal property may not include the use of tarpaulins or other visible temporary materials for cover and weatherization of said property.
- Operation of home occupation businesses in compliance with the provisions of the Camden Land Use Ordinance shall be permitted.No other commercial activities shall be conducted in the subdivision.No storage of commercial machinery or inventory shall be allowed on any lot in the subdivision including, but not limited to, trucks, tractors, excavators, fishing vessels, fishing gear and construction equipment.
- All activities, construction and improvements shall be in conformance with all of the ordinances of the Town of Camden, the laws of the State of Maine, all of which may be enforced as a private nuisance by the Declarant, the Mountain Arrow Village Green Owners Association, its successors and assigns and by any owner of any lot separately from governmental enforcement.All activities, construction, and improvements, including all private home construction and all infrastructure work, shall be limited to the following hours of operation:Monday – Friday 7:30 a.m. to 6:00 p.m., Saturday 9:00 a.m. to 5:00 p.m.No construction work shall be performed on Sundays except for light building activity conducted by the individual homeowner.
- Restrictions on Restricted Buffer Areas.Unless the owner of the Restricted Buffer Area, or any successors or assigns, obtains the prior written approval of the Town of Camden, the Restricted Buffer Area must remain undeveloped in perpetuity.To maintain the ability of the Restricted Buffer Area to filter and absorb stormwater, and to maintain compliance with the Stormwater Management Law and the permit issued thereunder to the Declarant, the use of the Restricted Buffer Area is hereinafter limited as follows.
a. No soil, loam, peat, sand, gravel, concrete, rock or other mineral substance, refuse, trash, vehicle bodies or parts, rubbish, debris, junk waste, pollutants or other fill material may be placed, stored or dumped on the Restricted Buffer Area, nor may the topography of the area be altered or manipulated in any way;
b. Any removal of trees or other vegetation within the Restricted Buffer Area must be limited to the following:
(i) No purposefully cleared openings may be created and an evenly distributed stand of trees and other vegetation must be maintained.An "evenly distributed stand of trees" is defined as maintaining a minimum rating score of 24 points in any 25 foot by 50 foot square area (1250 square feet), as determined by the following rating scheme:
Diameter of tree at 4˝ feet
2 - 4 inches
4 - 8 inches
8 - 12 inches
Where existing trees and other vegetation result in a rating score less than 24 points, no trees may be cut or sprayed with biocides except for the normal maintenance of dead, windblown or damaged trees and for pruning of tree branches below a height of 12 feet provided two thirds of the tree's canopy is maintained;
(ii) No undergrowth, ground cover vegetation, leaf litter, organic duff layer or mineral soil may be disturbed except that one winding path, that is no wider than six feet and that does not provide a downhill channel for runoff, is allowed through the area;
c.No building or other temporary or permanent structure may be constructed, placed or permitted to remain on the Restricted Buffer Area, except for a sign, utility pole or fence;
d. No trucks, cars, dirt bikes, ATVs, bulldozers, backhoes, or other motorized vehicles or mechanical equipment may be permitted on the Restricted Buffer Area;
e. Any level lip spreader directing flow to the Restricted Buffer Area must be regularly inspected and adequately maintained to preserve the function of the level spreader.
Any activity on or use of the Restricted Buffer Area inconsistent with the purpose of these Restrictions is prohibited.Any future alterations or changes in use of the Restricted Buffer Area must receive prior approval in writing from the Town of Camden. The Town of Camden may approve such alterations and changes in use if such alterations and uses do not impede the stormwater control and treatment capability of the Restricted Buffer Area or if adequate and appropriate alternative means of stormwater control and treatment are provided.
- Each lot owner shall automatically become a member of the Mountain Arrow Village Green Owners Association, a Maine nonprofit corporation, and as a member, shall contribute to the Association in support of its purposes in accordance with the terms and conditions of these Restrictive Covenants, all Road Maintenance Agreements, and the Bylaws of the Association.The Association will be formed once 8 lots are sold to owners who are unrelated and unaffiliated with the Officers and Directors of Mountain Arrow Village Green, Inc.Any lot owner may put forward a request in writing to the Declarant to temporarily deviate from Restrictive Covenants.The Declarant will then grant or deny said request.Only if the request is granted in writing may the lot owner temporarily deviate from any Restrictive Covenant.After the above referenced 8 lots have been sold, the Mountain Arrow Village Green Owners Association shall assume the responsibilities of the Declarant and shall administer and enforce the terms of these covenants pursuant to this Declaration, all Road Maintenance Agreements, and the Bylaws of the Association.
- The Mountain Arrow Village Green Owners Association shall maintain the private subdivision roads according to the terms of a road maintenance agreement, which agreement shall be provided to and shall be binding upon, all lot purchasers of subdivision lots with the exception of Lot 13, which is not served by the private subdivision roads.The road maintenance agreement shall include, but not be limited to, maintaining the traveled surface and any sidewalks in a condition which provides reasonably safe vehicle and pedestrian passage including winter maintenance consisting of snow plowing and ice removal and control, plus sanding and salting. In addition, the Association shall maintain the stormwater drainage facilities and vegetation on the right of way.All common areas in the subdivision shall be maintained by the Association including, but not limited to, landscaping and mowing, stone wall repair, maintenance of exterior lighting, and general upkeep.Each developed lot shall be assessed annually for the costs of road maintenance based on equal shares of the costs for each developed lot using the roads, except for Lots 1, 2, and 13 as specifically set forth in the road maintenance agreement. A "developed lot" shall mean a lot on which an owner has made at least a substantial start of construction of a permitted residential dwelling, including site work, driveway installation, and foundation construction.Each undeveloped lot shall be assessed 50% of the annual dues assessed against a developed lot.The maintenance costs shall include all costs of maintenance incurred by the Association plus the costs of property and liability insurance and reasonable management costs.The assessed maintenance costs shall be a personal liability of each lot owner and shall also be an automatic lien on the lot which lien shall run with the land. Each lot owner shall be responsible for the Association's costs to collect the owner's share of the assessed maintenance costs including reasonable attorney's fees and costs to perfect any liens.
- These restrictive covenants are reciprocal and both restrict and benefit all of the lots in the development and these restrictive covenants shall run with the land.These restrictive covenants are enforceable, jointly and/or severally, by the owners of lots in the Mountain Arrow Village Green and any association of owners.All disputes shall be submitted to mediation before a neutral mediator agreed to by the parties to the dispute, with the cost of mediation shared equally by the parties to the mediation.Only if the attempt at mediation is exhausted without resolution may the dispute be the subject matter of court litigation.If litigation is commenced after an attempt to mediate, the party that substantially prevails shall be awarded its costs, including reasonable attorney and expert witness fees.The Town of Camden and its officers and officials shall not be responsible for the enforcement of these restrictive covenants and shall not be made a party to any enforcement action concerning these restrictive covenants.
- These restrictive covenants may be amended only by a unanimous vote of all of the lot owners in Mountain Arrow Village Green subdivision.