Whereas, the Declarant owns the Subdivision in the City of Greenfield (The "City”) herein after legally described which has been or will be platted as Foxwood Crossing Addition No. 3 (The "Subdivision"), consisting of thirty-four (34) one-family residential lots, and the Declarant desires to subject the Subdivision to the conditions, restrictions, covenants, reservations and easements hereinafter set forth for the benefit of each owner of any part of the Subdivision;
NOW HERETOFORE, Declarant hereby declares that the real property herein after described shall be used, held, transferred, sold and conveyed subject to the conditions, restrictions, covenants, reservations and easements herein after set forth, which shall insure to the benefit of and pass with said property and each and every parcel thereof: and shall apply to and bind the successors in interest and any owner thereof.
Definition of Terms. ''Family” shall mean one or more than one person living, cooking, sleeping or eating on premises as a single housekeeping group. "Architectural Control Committee" or "Committee" shall mean the committee referred to in Article Il and IV hereof. "Lot" shall mean a lot in the Subdivision platted for residential development. "Improvement Areas" shall mean that portion of the lot which may be improved, altered or structures erected.upon it consistent with the conditions set forth herein. 'Woodlands" shall mean that portion of those lots upon which trees exist with calipers of three inches (3”) or larger.
ARTICLE I
SUBJECT SUBDIVISION
1.1) The property subject to this Declaration shall be that real estate set forth on Exhibit "A" consisting of thirty-four (34) lots.
ARTICLE II
GENERAL PROVISIONS
2.1) General Purpose. The property is recognized as possessing unique topographic and environmental features which shall require careful consideration of compatible building designs to Lot characteristics to achieve the intent of this Declaration. The general purpose of this Declaration is to promote the harmonious development of the Subdivision into a residential district of the highest quality while protecting the unique beauty and quality of the environment This Declaration is to help insure that the Subdivision will become and remain an attractive community; to preserve the Subdivision's woodlands and topography, plant and wildlife; to insure the most appropriate development and improvement of each Lot; to guard against the erection therein of poorly designed or proportioned structures; to obtain harmonious use of material and color schemes; to encourage and secure the erection of attractive homes thereon with appropriate locations thereof on building sites; to prevent haphazard and inharmonious improvement of building sites; to secure and maintain proper setbacks from streets and adequate free spaces between structures; and in general to provide adequately for a high type and quality of improvement and thereby maintain and enhance the values of investments made by purchasers of building sites below.
2.2) Architectural Control. No building or other improvement shall be erected, placed or altered on any Lot until the site improvement survey, grading plan and building construction plans and specifications have been approved in writing by the Committee herein after defined.
ARTICLE III
ARCHITECTURAL CONTROL COMMITTEE
3.1) Establishment. Duties. Membership.
MarkJ. Wimmer JohnJ.Wimmer Carol A. Lena
In the event of any vacancy, Declarant shall, within thirty (30) days thereafter, appoint a new member to fill the vacancy on the Committee. if Declarant fails to appoint a member to the Committee, the Owners of Lots subject to this Declaration, by a majority vote, may elect the Committee member from among themselves. Notwithstanding the foregoing provisions, at such time as Declarant no longer owns any Lot subject to this Declaration,, Declaration of Restrictions and Covenants for Foxwood Crossing Subdivision, Declaration of Restrictions and Covenants for Foxwood Crossing Addition No. 1 Subdivision or Declaration of Restrictions and Covenants for Foxwood Crossing Addition No. 2 Subdivision, Committee members who are appointees of Developer shall, within thirty (30) days thereafter, resign from the Committee. Thereafter 1he Owners of Lots, by majority vote, shall elect the members and fill vacancies on the Committee from among themselves.3.2) Procedure. A lot owner desiring to improve the lot shall submit to the Committee, for-its written approval, building construction plans and specifications and a site improvement plan and survey prepared by a surveyor showing the location of all contemplated improvements, including existing and proposed grades as defined in Article 3.3, proposed grade alterations and any trees to be removed exceeding a three inch (3") caliper. The Committee's approval or rejection shall be in writing signed by the majority of members or the Committee, or, in one member has been designated as a representative, then by such person. The decision of the Committee shall be final and binding upon all parties. In the event the Committee fails to approve or reject such proposal within thirty (30) days after submission of the plans, specifications and plot plan, or in any event, if no suit to enjoin the construction has been commenced prior to the completion of construction, approval will be deemed to have been obtained and the applicable covenants in this Declaration shall be deemed to have been complied with. The Committee shall have the right to -waive infractions or deviations which in the opinions of the Committee may cause undue hardship. Any action by the Committee shall be final and conclusive as to persons then or thereafter owning Lots covered by these restrictions.
3.3) Submission to Committee: The items submitted to the Committee in triplicate shall include:
A landscape plan prepared on the site improvement survey showing existing grades, proposed grade alterations, any trees to be removed exceeding a three inch (3") caliper, any areas in which the undergrowth is to. be disturbed or altered and proposed landscape improvements including type and size of pJ.antin& any benns, retaining wal1s or,tree walls, the construction and materials thereof;
Such other material as the Committee may deem necessary.
All structures shall be designed by a registered architect a professional engineer experienced in home design, or any equally qualified individual or firm
3.4) Standards. The Committee shall have the right to reject any plans and specifications, site improvement p]an and survey or landscape plans which in the judgment and sole opinions of a majority of its members, or the representative of the Committee:
By way of example and as a limitation of the Committee’s right to exercise its judgment for any reason stated above, the Committee may consider the height, space, color, materials, trash disposal, garages, drives, walks, decks, patios, pools, fencing, landscaping and grading of the proposed improvements and use of the lot. Facadism shall be prohibited.
3.5) Guidelines. No residence or other improvement may be erected, placed, altered or planted on the Premises without the prior written approval of the Architectural Control·committee of all plans, specifications, building locations and grades. Specific guidelines are as follows:
All yard grades and stakeout surveys shall be approved by the Committee prior to commencement of construction. The clearing of brush and trees shall be limited to the minimum area required for the allowable construction within and outside the improvement area. Clearing shall be limited as follows:
Fifteen feet (15') from permanent foundations and pools;
Fifteen feet (15') wide for utility installation;
Five feet (5') from drives, walks, decks and patios except as required per 4.3
Steeper roof grades shall be preferred. Additionally, gables projecting on dwelling fronts shall have_ a roof pitch of a minimum of six inches (6 in) rise for every twelve inches (12") of distance.
Notwithstanding anything in the foregoing to the contrary, the Committee or its designated representatives may elect to raise or intensify one or more of the above guidelines.Lot Owners are to submit three (3) copies of their house plans and stakeout survey to the Committee for approval prior to making application for a Building Permit.
3.6) Construction Practices. All structures shall be constructed by a qualified individual or firm experienced in home construction. Throughout construction, any and all reasonable measures shall be taken to ensure the protection of the natural grade,·foliage, drainage and trees surrounding the construction area approved for improvement. Such measures shall include at minimum to wooded lots the erection of fencing such as snow fence prior to excavation surrounding the construction area approved for development. Any person or entity to be utilized in connection with the cutting and removal of trees exceeding at three inch (3") caliper shall require approval from the Committee.
3.7) Occupancy. No building or improvement shall be occupied unless it has been approved. by the Committee pursuant to Section 3.2 hereof and has been substantially completed. A building or improvement may be occupied if the construction which had been approved has not- been completed, with such occupancy conditional on the Owner of the Lot first providing the Committee with a bond acceptable to it., which insures that the construction shall be fully completed in accordance with the approved plans within a reasonable time period.
ARTICLE V
SPECIFIC REQUIREMENTS
4.1) Single Family. No Lot shall be used except for one family, residential purposes. No building shall be erected, altered, placed or permitted to remain on any such Lot other than one detached one family dwelling or Architectural Control Committee approved building associated with pools or household pets.
4.2) Size Restrictions. The minimum living area of dwellings constructed on: Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 - Block 5
Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 - Block 6
Lots 6, 7, 8, 9, 10, II, 12 - Block 7
Lots l, 2, 3 - Block 11
Lots 1, 2 - Block 12
of Foxwood Crossing shall be subject to the City of Greenfield's zoning requirements as follows:
In no event shall any residence constructed for contain no less that 1,900 square feet of living area. One and one half story homes shall comply with two story restrictions. All dwellings must have an attached two car garage.
4.3) Setbacks. Setbacks for all Lots are as follows except as hereafter required
Front-Thirty-five feet (35')
Sides - Fifteen feet (15')
Rear - Twenty-five feet (25')
Such setbacks define the Improvement Area. In addition, side garage entry drives shall maintain a minimum of three feet (3') of landscaped area between the side Lot line and the edge of the drive pavement. The Architectural Control Committee shall have the right to revise the front, side and rear setbacks to conform to the general purpose of this Declaration.
4.4) Grading and Drainage. A Master Surface Drainage, Grading and Site Improvement Plan has been prepared by the Declarant suggesting a manner in which each Lot may be developed allowing drainage in relation to other Lots and roadways. A copy of this plan is on file in the office of the Declarant and in the offices of the City Engineer and Building Inspector in the City of Greenfield.
Lot Owners must consult the Master Surface Drainage. Grading and Site Improvement Plan in the planning of the buildings to identify design issues which should be incorporated into the construction plans for the buildings and the site improvement plans and survey.
Modification of the Master Surface Drainage, Grading and Site Plan may be allowed by the Architectural Control Committee if in their sole judgment the proposed modification remains consistent with the intent of harmonious development with environme°:tal sensitivity.
Once the Lot Owner's construction plans, site improvement plans and survey is approved by the Architectural Control Committee, no deviation shall be permitted unless such revision is again presented and approved by the aforementioned.
4.5) Construction Within Improvement Areas. Development of any and all buildings and structures shall occur only within the Improvement Areas. All such development' shall require Architectural Control Committee approval and shall be done in a manner to allow for desirable residential use while minimizing the impact upon grade. Improvement Areas are hereby defined as that portion of the Lot area contained within the setback distance unless modified by the Architectural Control Committee as per Article 4.3.
4.6) Improvement Within Woodlands. Except for improvements as allowed within the Improvement Area per Article 4.5, drives and walks as described in Article 4.10, and the removal of dead or diseased trees or growth, no trees shall be cut, damaged or impeded within a three inch (3") caliper or greater. Consideration should be given to the preservation of areas of undergrowth in its natural state in order to encourage new seedling development and maintain an environment for native wildlife. Areas of maintained lawn shall also be considered in regards to the existing undergrowth. Dead, diseased and/or destroyed trees may be removed and replaced consistent with good conservation and reforestation practices. No individual Lot Owner shall impede or restrict the flow of natural drainage patterns from upstream flow.
4.7) Garages. All garages shall be built at the same time as the private dwelling and shall be large enough to accommodate a minimum of two (2) cars or a maximum of three (3) cars. Absolutely no truck (except a van or pick-up truck for personal use), boat, mobile home, or trailer of any kind may be parked on the premises outside of the garage other than for the delivery of materials or merchandise, except during construction or remodeling periods. All garages must be attached.
4.8) Completion. All buildings shall be completed within one year after the approval of all required materials by the Architectural Control Committee.
4.9) Landscaping and Lampposts. Lots shall be landscaped and ground cov.er installed within one year after completion of a dwelling as per the required Architectural Control Committee approved landscape plan. Landscaping shall not violate the General Purpose of this Declaration and specific restrictions contained herein. Landscaping shall include the area between the front Lot line and the edge of the street pavement. Landscaping must include a concrete curb modification and hard surface drive consisting of concrete, asphalt or similar material to be installed within one year from the date the premises are completed. One lamppost with a photoelectric cell as required by the Committee shall be installed where the driveway abuts the front Lot line.
4.10) Drives, Walks, Decks. Patios. Pools, Associated Structures and Fences. Drives and walks shall be designed to provide reasonable access to the dwelling with minimal disturbance to the grade. Side garage entry drives shall maintain a minimum of three feet (3') of landscaped area between the side Lot line and the edge of the drive pavement. Decks, patios, pools and associated structures shall be allowed only within the Improvement Area and require Architectural Control Committee approval for their consistency with the General Purpose of this Declaration in addition to municipal zoning and building requirements unless modified per Article 6.3, No associated structures shall be permitted within 75 feet of a public road right of way. There shall be no above-ground swimming pools permitted within the Subdivision. Lot line fences are not permitted; however, screening, architectural, pool required or pet enclosure fences "'.ill be permitted provided they are constructed of wood. decorative metal or brick with the appropriate foundation and the design thereof has been submitted to and approved by the Architectural Control Committee in advance of construction thereof and subject to the specific restrictions contained herein Article 4.5. Wire mesh fencing shall be prohibited.
4.11) Fill. Where fill is necessary on a Lot to obtain the proper topography and finished ground elevation, it shall be ground fill free from waste material and shall not contain materials that will give off odors of any kind, and all dumping of fill material shall be leveled immediately after completion of the building. Fill shall only be placed as approved by the Architectural Control Committee. In no event shall fill be placed within those areas designated woodlands which would destroy the existing topography, trees, ground cover or alter drainage. Tree wells, retaining walls or other structures of natural materials shall be encouraged to maintain the existing topography, trees and ground cover.
4.12) Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept; provided that they are not kept, bred or maintained for any commercial purpose, or allowed to annoy neighbors. An enclosed compound with an appropriate sized structure will be permitted provided they are constructed of wood or brick with appropriate foundations and the design thereof has been submitted to and approved by the Architectural Control Committee in advance of construction thereof. Such structures shall be located only within the Improvement Area to the rear of the principal family dwelling.
4.13) Materials. No used materials will be permitted in the construction of any building in this Subdivision except such materials as reclaimed brick which, in the opinion of the Committee, will enhance the appearance of the building of which they will become a part.
4.14) Signs. No signs of any kind shall be displayed to the public view on any Lot except one professional sign of not more than one square foot in area or a sign of not more than five square feet in area advertising the property for sale or rent, or signs used by a building contractor. The Declarant may utilize signs, banners or other marketing tools of unlimited size and quantity to advertise during the construction and sales period.
4.15) Antenna and Satellite Dishes. Except for roof top antenna which extends not more than five feet (5') above the highest point in the roofline of any dwelling, no external television antenna or similar devices shall be erected without the prior approval of the Architectural Control Committee. All satellite dishes shall require Architectural Control Committee approval and shall be properly screened from public view.
4.16) Utilities. All Lots except as defined herein shall have all telephone, cable and electric service to any building from the underground utilities system in the rear of the lot and no overhead service shall be provided or allowed. Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34- Block 3 shall have all telephone, cable and electrical service to any building from the underground utilities system in the front of the Lot and no overhead service shall be provided or allowed.
4.17) Maintenance and Waste. Each Owner of a Lot shall maintain at their own expense, buildings, improvements and landscaping in good repair and a clean condition, including, without limitation, the maintenance of natural tree and plant cover, removal of noxious weeds, mowing of lawns, trimmer of plants, repainting and repair of structures and fencing, repairing of drive and walk surfaces and such other measures so as to maintain a clean and orderly environment within the Lots subject to this Declaration, and in accordance with the declared General Purpose of this Declaration. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept on a Lot, except in sanitary containers. Chemical treatment of plants and ground shall in no way alter, destroy or contaminate the natural environment or water quality except in the case of noxious or dangerous plants or weeds.
4.18) Offensive Activity. No noxious or offensive activity shall be carried on upon any Lot and nothing shall be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
4.19) Construction Debris. It shall be the responsibility of each Lot Owner to remove all debris caused by any and all construction work occurring on his Lot. This shall also apply to the city street(s) abutting said Lot.
5.1) Membership. Pursuant to rights reserved to Declarant in Paragraph 6.2 of the Declaration of Restrictions and Covenants for the Foxwood Crossing Subdivision, all Owners of Lots in the Subdivision are hereby members of the existing unincorporated association known as the Foxwood Crossing Homeowners Association. The purpose of the Foxwood Crossing Homeowners Association is to maintain certain landscaped areas for the common benefit of the Owners.
5.2) Landscape Areas. Landscaped areas to be maintained shall be the entry island(s) or medians and pedestrian plazas within the streets of the Subdivision and the easement areas granted to the Association by the Declarant within the Lots on either side of the entfy(s) . and shall include any entrance identification monument located within such islands, • medians or easement areas.
5.3) Governance. Toe Association shall be governed by the members of the Architectural Control Committee and shall be solely responsible for the activities of the Association.
5.4) Duties. The Committee shall have the following additional duties as representatives of the Homeowners Association:
5.5) Authority. The Committee shall have the following authority in addressing its responsibilities:
5.6) Assessments. The Committee shall levy and collect assessments in accordance with the following:
6.1) Term. This Declaration shall run with the land and shall be binding upon all persons claiming under the Declarant for a period of ten (10) years from the date this Declaration is recorded. After the expiration of the mutual term of this Declaration, this Declaration (as presently written or as so amended) shall be automatically extended for successive period of ten (10) years.
6.2) Expansion. The Declarant reserves the right at any time in the future to subject additional unspecified real estate to the provisions of this Declaration in whole or in part. Any Owners of additional single family lots subjected to the provisions of this Declaration shall become members of the Foxwood Crossing Homeowners Association and subject to ail of the provisions and conditions contained in Article V OWNERS ASSOCIATION contained in the Declaration of Restrictions and Covenants for the Foxwood Crossing Subdivision.
6.3) Amendment. This Declaration may be amended at any time and in any respect by the recording of an instrument executed as follows:
Said Declaration shall become effective only upon due recording with the Office of the Register of Deeds for Milwaukee County, Wisconsin.
6.4) Enforcement. The Restrictions and Covenants contained herein may be enforced by the Committee, any Lot Owner or governmental body having authority over said subdivision by proceedings at law or in equity against any person or persons violating or attempting to violate the same by any Lot Owner either to recover damages or to demand compliance after one year from the date on which the violation occurred.
6.5) Liability. Members of the Committee shall not be liable for any action taken by them in good faith in discharging their duties hereunder, even if such action involved a mistaken judgment or negligence by a member or agents or employees of the Committee. Toe Owners shall indemnify and hold the members of the Committee harmless from and against any and all costs or expenses, including reasonable attorneys' fees, in connection with any suit or other action relating to the performance of their duties hereunder.
6.6) Special Exceptions. A special exception to those provisions in Article 4.5 and 4.6 may be granted by joint approval of the City of Greenfield and the Architectural Controi Committee if it can be demonstrated that such exception shall be granted in the judgment and sole opinion of the City of Greenfield and the Architectural Control Committee and ' shall be evidenced in writing.
6.7) Conflict. In the event of any conflict between these restrictions and the City's zoning and building regulations, the stricter provisions shall apply.
6.8) Invalidity. Invalidity of any provisions of this Declaration, regardless of how determined, shall in no way affect any of the other provisions, which shall remain in full force and effect.