Hickory Heights Deed Restrictions
1. No lot shall be further subdivided to create an additional building lot or site.
2. Each lot shall be used solely for one single-family dwelling together with customary accessory buildings. In addition, the lots that are 5 acres or more may have one guest cottage for temporary accommodations of guests that cannot exceed 1,000 square feet of indoor living area.
3. The dwelling shall have a minimum of 2,000 square feet of indoor living area, exclusive of basement and garage space. The dwelling will be constructed on site in accordance with conventional framing techniques.
4. No commercial or business use of any kind shall be permitted on the property except for home offices provided that:
a. such office constitutes either entirely or partly the livelihood of a person living in the dwelling;
b. there are no signs or other kinds of advertising on the property related to the business.
c. any traffic related to the business shall not be significantly more than the normal traffic associated with a single-family residence.
d. no more than one employee or co-owner of the business in addition to the inhabitants of the residence who is regularly employed or works at the home office shall be allowed.
5. No television or radio antenna of any type or satellite dish more than 24 inches in diameter shall be allowed on any lot.
6. No trash, garbage, rubbish, refuse, or other solid waste of any kind, including motor vehicles, appliances and furniture, shall be thrown, dumped, stored, disposed of or otherwise placed on any part of the property. In addition, no more than one (1) unregistered motor vehicle of any kind shall be stored or placed on any lot except in a fully enclosed garage or structure.
7. No clothesline, trash storage or bottled gas containers shall be placed on the property unless screened from view from other lots and roads.
8. No trailers, travel trailers, tent, mobile home, modular homes, basement or other out building will be used on any lot at any time as a residence either temporarily or permanently, except that one guest cottage, constructed in accordance with conventional framing techniques, will be allowed as a temporary residence for visiting guests for the lots that are at least five (5) acres in size.
9. All principal buildings will be completed, both interior and exterior, within one year form the start of construction. All disturbed areas on the property must be landscaped or established with vegetation within one year after completion of construction.
10. Proposed principal buildings and accessory buildings are to be located within the lot development areas as established on the final approved plans.
11. No trailer, mobile home, campers, all terrain vehicles, snowmobiles, construction and farm equipment shall be parked or maintained on any lot, except if kept inside a garage or accessory structure.
12. Any extended fencing installed within the property must be split rail.
13. All secondary electric, telephone and cable TV services on the property shall be installed under ground. Installation and maintenance of the secondary service shall be the sole responsibility of the property owner.
14. All exterior colors for any structures on the property shall be earth tones or white.
15. All accessory structures on the property shall be of the same material and color scheme as the principal building.
16. No hunting, trapping or discharge of firearms shall be permitted on the property.
17. No livestock or poultry shall be raised, bred or maintained for commercial purposes.
18. The property shall be maintained in good condition and kept neat in appearance. No noxious, obnoxious, noisy, unsightly, or otherwise offensive objects, odors, smoke, dust, vibration, glare, activities or anything that may be an unreasonable nuisance to adjoining properties.
19. If any building upon the property is totally or partially destroyed by any catastrophe, then in such event, such building or buildings shall be repaired or razed within twelve months of said occurrence.
20. No above ground swimming pools will be allowed.
21. The operation of All Terrain Vehicles (ATVs), dirt bikes, motorcycles and other similar vehicles, will not be allowed for recreation purposes.
22. Dog enclosures shall only be permitted in rear yards and must be located at least thirty (30) feet from side lot lines and at least ten (10) feet from rear lot lines. All such enclosures must be adequately screened from adjacent properties by coniferous landscaping and/or opaque fencing. Dog enclosures shall be kept in a clean and sanitary condition free from the accumulation of feces, urine and food scraps.
23. There shall be no statues or displays of any kind placed within (75) feet of the right-of-way of Mountain View Drive and, if otherwise placed on a lot, shall be tastefully incorporated into an overall landscape design.
24. No signs, temporary or permanent, shall be allowed.except for a house number and name of residents that, in total, cannot exceed three (3) square feet and temporary “for-sale”signs. Political signs for campaigns or otherwise shall not be allowed.
25. Should the access road remain a private road, there will be a requirement that each owner be part of a Homeowners Association that will be responsible for the maintenance of the private road.
26. All notes, restriction, specifications and other directions set forth on the final approved Subdivision Plat shall be complied with in all respects.
27. The aforementioned covenants shall run with the land and shall inure to the benefit of, and be binding upon, each owner of the lots, their heirs, successors and assigns forever.
28. There will be Architectural Standards appended to contracts of sale for each Lot that Lot Owners will have to follow when building their residences. These standards will ensure that all residences will be quality “country-style” homes with certain uniform details and features.
29. To the extent that the Town of Coxsackie Zoning Law conflicts with the conditions set forth herein, the provision of whichever is the more restrictive shall apply.
30. Enforcement of these covenants and restrictions shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain violation or to recover damages. These covenants and restrictions may be enforced by any owner of any lot.
31. Invalidation of any one or more of these covenants by judgment or court order shall in no way affect any of the remaining provisions, which shall remain in full force and effect.
2. Each lot shall be used solely for one single-family dwelling together with customary accessory buildings. In addition, the lots that are 5 acres or more may have one guest cottage for temporary accommodations of guests that cannot exceed 1,000 square feet of indoor living area.
3. The dwelling shall have a minimum of 2,000 square feet of indoor living area, exclusive of basement and garage space. The dwelling will be constructed on site in accordance with conventional framing techniques.
4. No commercial or business use of any kind shall be permitted on the property except for home offices provided that:
a. such office constitutes either entirely or partly the livelihood of a person living in the dwelling;
b. there are no signs or other kinds of advertising on the property related to the business.
c. any traffic related to the business shall not be significantly more than the normal traffic associated with a single-family residence.
d. no more than one employee or co-owner of the business in addition to the inhabitants of the residence who is regularly employed or works at the home office shall be allowed.
5. No television or radio antenna of any type or satellite dish more than 24 inches in diameter shall be allowed on any lot.
6. No trash, garbage, rubbish, refuse, or other solid waste of any kind, including motor vehicles, appliances and furniture, shall be thrown, dumped, stored, disposed of or otherwise placed on any part of the property. In addition, no more than one (1) unregistered motor vehicle of any kind shall be stored or placed on any lot except in a fully enclosed garage or structure.
7. No clothesline, trash storage or bottled gas containers shall be placed on the property unless screened from view from other lots and roads.
8. No trailers, travel trailers, tent, mobile home, modular homes, basement or other out building will be used on any lot at any time as a residence either temporarily or permanently, except that one guest cottage, constructed in accordance with conventional framing techniques, will be allowed as a temporary residence for visiting guests for the lots that are at least five (5) acres in size.
9. All principal buildings will be completed, both interior and exterior, within one year form the start of construction. All disturbed areas on the property must be landscaped or established with vegetation within one year after completion of construction.
10. Proposed principal buildings and accessory buildings are to be located within the lot development areas as established on the final approved plans.
11. No trailer, mobile home, campers, all terrain vehicles, snowmobiles, construction and farm equipment shall be parked or maintained on any lot, except if kept inside a garage or accessory structure.
12. Any extended fencing installed within the property must be split rail.
13. All secondary electric, telephone and cable TV services on the property shall be installed under ground. Installation and maintenance of the secondary service shall be the sole responsibility of the property owner.
14. All exterior colors for any structures on the property shall be earth tones or white.
15. All accessory structures on the property shall be of the same material and color scheme as the principal building.
16. No hunting, trapping or discharge of firearms shall be permitted on the property.
17. No livestock or poultry shall be raised, bred or maintained for commercial purposes.
18. The property shall be maintained in good condition and kept neat in appearance. No noxious, obnoxious, noisy, unsightly, or otherwise offensive objects, odors, smoke, dust, vibration, glare, activities or anything that may be an unreasonable nuisance to adjoining properties.
19. If any building upon the property is totally or partially destroyed by any catastrophe, then in such event, such building or buildings shall be repaired or razed within twelve months of said occurrence.
20. No above ground swimming pools will be allowed.
21. The operation of All Terrain Vehicles (ATVs), dirt bikes, motorcycles and other similar vehicles, will not be allowed for recreation purposes.
22. Dog enclosures shall only be permitted in rear yards and must be located at least thirty (30) feet from side lot lines and at least ten (10) feet from rear lot lines. All such enclosures must be adequately screened from adjacent properties by coniferous landscaping and/or opaque fencing. Dog enclosures shall be kept in a clean and sanitary condition free from the accumulation of feces, urine and food scraps.
23. There shall be no statues or displays of any kind placed within (75) feet of the right-of-way of Mountain View Drive and, if otherwise placed on a lot, shall be tastefully incorporated into an overall landscape design.
24. No signs, temporary or permanent, shall be allowed.except for a house number and name of residents that, in total, cannot exceed three (3) square feet and temporary “for-sale”signs. Political signs for campaigns or otherwise shall not be allowed.
25. Should the access road remain a private road, there will be a requirement that each owner be part of a Homeowners Association that will be responsible for the maintenance of the private road.
26. All notes, restriction, specifications and other directions set forth on the final approved Subdivision Plat shall be complied with in all respects.
27. The aforementioned covenants shall run with the land and shall inure to the benefit of, and be binding upon, each owner of the lots, their heirs, successors and assigns forever.
28. There will be Architectural Standards appended to contracts of sale for each Lot that Lot Owners will have to follow when building their residences. These standards will ensure that all residences will be quality “country-style” homes with certain uniform details and features.
29. To the extent that the Town of Coxsackie Zoning Law conflicts with the conditions set forth herein, the provision of whichever is the more restrictive shall apply.
30. Enforcement of these covenants and restrictions shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain violation or to recover damages. These covenants and restrictions may be enforced by any owner of any lot.
31. Invalidation of any one or more of these covenants by judgment or court order shall in no way affect any of the remaining provisions, which shall remain in full force and effect.
