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Westfield Woods Community Association

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Wednesday, 09 March 2011

Covenants & Restrictions

Note:  The following links to the documents are not an official copy of the Declaration of Covenants and Restriction for Westfield Woods.  The only official copy of the document is on file with the Recorder of Deeds, County of St. Charles , State of Missouri .

Declaration

ARTICLE I - Definitions

ARTICLE II – PROPERTY SUBECT TO THIS DECLARATION AND ADDITIONS THERETO

ARTICLE III – MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION

ARTICLE IV – COVENANT FOR MAINTENANCE ASSESSMENTS

ARTICLE V - BOARD

ARTICLE VI – Architectural Control Committee

ARTICLE VII – USE RESTRICTIONS

Section 1. General Provisions:

All of the Existing Property, including all streets and roadways within the subdivision, and all additional lands which shall be subject to this Declaration under Article II above, shall be subject to the following use restrictions:

1. Land Use

      No building or structure shall be used for a purpose other than that for which the building or structure was originally designed, without the approval of the Architectural Control Committee.

      2. Obstruction of Traffic:

      No fence, wall, tree, hedge or shrub planting shall be maintained in such manner as to obstruct sight lines for vehicular traffic. Except as may be required to comply with the prior sentence, no living tree of a diameter of more than four inches measured two feet above ground level, lying outside the approved building or driveway shall not be removed without the approval of the Architectural Control Committee.

      3. Nuisances:

      No noxious or offensive activity shall be carried on upon any portion of the Properties, nor shall anything be done thereon that may be or become a nuisance or annoyance to the neighborhood. No exterior lighting shall be directed outside the boundaries of a lot or other parcel.

      4. Grades:

      Within any slope control area established by the Developer, no structure, planting, or other materials shall be placed or permitted to remain, nor shall any activity be undertaken, which may damage or interfere with established slope ratios, create erosion or sliding problems, or obstruct or retard the flow of water through drainage channels. The slop control areas of each lot or other parcel and all improvements in them shall be maintained continuously by the Owner, except for those improvements for which public authority or utility company is responsible.

      5. Fences: (Amendment 6, February 21, 2006)

      No fence or wall of any kind shall be erected, begun or permitted to remain upon any portion of the Properties unless approved by the Architectural Control Committee subject to the following guidelines:

      1) Fence Materials Composition

      a) Aluminum (wrought iron look).
      b) Vinyl

2) Fence Styles: Picket Non Privacy 50% open with up to 2 inch open spacing with maximum 4 inch slat.

3) Maintenance: All fences must be cleaned at least every 2 years and breakage promptly replaced or repaired.  If lumber is used then all rot and warping be promptly replaced and the fence must also be stained or painted at least every 2 years.

      6. No Commercial Activities:

      No commercial activity of any kind shall be conducted on any Lot, in any Living Unit, on the Common Properties, or any street or roadway within the subdivision but nothing shall prevent any promotional activities by the Developer.


      7. Livestock:

      a)      No hogs, cows, goats, birds, livestock or animals of any kind, other than domestic pets (except house pets with vicious propensities), shall be brought onto or kept on the Properties; and no more than two dogs, cats, or other such pets may be kept or maintained on any Lot or Living Unit.

       

      b)      Animal Control Policy: 

      For purposes of this Policy, the term "Owner" means any person owning, keeping, harboring or having custody of a dog or other animal within the City.

      Duty of Animal Owners to be Responsible Owners. It shall be the duty of every owner of any animal, or anyone having any animal in his or her possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from his or her animal’s behavior, regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity.

      In the event that the owner or keeper of any animal is a minor, the parent or guardian of such minor shall be responsible to ensure that all provisions of this article are complied with.

      Public Nuisances; Abatement of Nuisance; Notice of Violation. No Owner shall permit his or her Animal to damage or foul any lawn, garden or other property. An Owner shall have the responsibility of cleaning up any feces of the Animal and to dispose of such feces in a sanitary manner.  Any owner or any individual walking an Animal off their own property must carry means to dispose of feces. Lack of such means is prima facie evidence of intent to violate this section of this policy.

       

      8. Parking of Motor Vehicles, Boats and Trailers:

      No trucks or commercial vehicles, boats, house trailers of every other description shall be permitted to be parked or to be stored on any Lot, street or roadway within the subdivision unless they are parked or stored in an enclosed garage or in such other enclosure approved by the Architectural Control Committee except only during period of approved construction on the Lot. This prohibition of parking shall not apply to temporary parking of trucks and commercial vehicles such as for pickup, delivery, and other commercial services for a period not to exceed twenty-four (24) hours. No inoperable vehicles or apparatus may be kept, maintained or repaired anywhere in the subdivison.

      9. Overhead Wiring:

      No power or telephone distribution or service connection lines may be erected or maintained above the surface of the ground on Lots without the consent in writing by the Architectural Control Committee established hereby and with the approval of the County Planning and Zoning Commission.

      10. Laundry Poles:

      No permanent poles for attaching wires or lines for the purpose of handling laundry thereupon shall be erected, installed, or constructed on Lots.

      11. Antennas:

      No outside radio antenna, or television antenna or satellite dish shall be erected, installed or constructed on any Lot, without written consent of the said Architectural Control Committee.

      12. Fuel Tanks:

      No fuel tank or container of any nature shall be placed, erected, installed or constructed on any Lot, unless approved by the Architectural Control Committee.

      13. Temporary Structures:

      No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or shed will be built or placed upon any Lot without submitting to the Architectural Control Committee plans and specifications in writing and receiving approval by the Architectural Control Committee. No such structure can be used as a residence, either permanently or temporarily.

      14. Signs:

      No signs, advertisements, billboards or advertising structures of any kind may be erected or maintained on any Lot or Common Property; provided, however, that permission is hereby granted for signs naming the Development and for the erection and maintenance of not more than one advertising board on each lot or tract as sold and conveyed, which advertising board shall not be more than five (5) square feet in size and may be used for the sole and exclusive purpose for advertising for sale or lease the lot or tract upon which it is erected.

      15. Drilling and Quarrying:

      No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring oil or natural gas shall be erected, maintained or permitted upon any Lot.

      16. Dumping of Rubbish:

      No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers, or incinerators or other equipment for the storage or disposal of such material, which equipment shall be kept in a clean and sanitary condition and out of view from the front of the Lot, except for the day of trash pick up.

      17. Sewage Disposal:

      No individual sewage treatment system shall be permitted on any Lot. All sanitary sewer lines shall connect with the central sewage disposal system provided. Water from downspouts or any surface water shall not be permitted to drain into the sanitary sewer system.

      18. Water Supply:

      No individual water system shall be permitted on any lot.

      19. Utility Easements:

      Easements for installation and maintenance of utilities and drainage facilities are shown on the recorded plats. Such easements shall include the right of ingress and egress for construction, installation and maintenance purposes. Adjoining said easements the Developer reserves construction easements of sufficient width to install the utilities. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage any structure installed in accordance with said easement, or interfere with the installation and maintenance of utilities, or which may change the direction of the flow of drainage in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot shall be maintained continuously by the Owner of the Lot.

      20. Care and Appearance of Premises:

      The structures and grounds on each Lot shall be maintained in a neat and attractive manner. The Association shall have the right, upon thirty (30) days notice to the Owner of the Property involved, setting forth the action intended to be taken, and if at the end of such time such action has not been taken by the Owner, at the expense of the Owner, to remove trash or rubbish, or unsightly items and to cut grass, weeds, and vegetation and to trim or prune any hedge or other planting that in the opinion of the Board of Directors of the Association, by reason of its location or the height to which or the manner in which it is permitted to grow, is detrimental to adjoining properties or is unattractive in appearance. The Association shall further have the right, upon like notice and conditions, to care for vacant or unimproved property, and to remove grass, weeks and rubbish therefrom and to do any and all things necessary or desirable in the opinion of the Board of Directors of the Association to keep such property in neat and good order all at the cost and expense of the Owner. Such costs and expenses incurred by the Association shall be paid to the Association upon demand; if not paid within ten (10) days thereof then they shall become a lien upon the property affected, equal to priority to the lien provided for in Article IV hereof and collected as stated therein.

      21. Private Driveways:

      All private driveways leading from streets to any garage on any Lot shall be paved with concrete, asphaltic concrete, or Romanstone concrete pavers, and installed and constructed according to generally accepted engineering principles and procedures.

      22. Building Materials:

      No building materials will be buried within the subdivision. All trash will be hauled off site and disposed of in proper disposal facilities.

SECTION 2. Provision Applicable to Lots Designated for Single—Family Dwellings:

Any Lot subject to this Declaration designated on a recorded plat for single—family dwelling purposes shall be subject, in addition to the General Provisions, to the following use restrictions:

      1. Land Use:

      None of said lots may be improved, used or occupied for other than private and single family residence purposes (except for model homes) and no flat or apartment house, although intended for residential purposes, may be erected thereon. Any residence erected or maintained on any of said Lots shall be designed for occupancy by a single family.

      2. Height Limitation:

      Any residence erected on any of said Lots shall not be more than two (2) levels in height above ground, provided, that a residence more than two (2) stories in height may be erected on any said lots with the written consent of the Architectural Control Committee.

      3. Minimum Building Size Requirements:

Any residence must conform to the following minimum enclosed floor area:

  1. Ranches: 1650 square feet; and
  2. Two stories and one and a half stories: 2150 square feet.

The words "enclosed, floor area" as used herein shall mean and include any residence enclosed and finished for all year occupancy, computed on outside measurements of the residence and shall not mean and include any area of basements, garages, porches and attics.

      1. Building Lines:

No part of any residence shall be located on any Lot nearer to the front street or the side street that is the front building line or ‘the side building line shown on the recorded plat; nor shall any part of any residence be located on a lot nearer than seven (7) feet to the side property line nor nearer than twenty—five (25) feet to the front or rear property line. However, a residence or part of any residence may be located on any lot nearer than the said building line shown upon said plat with the written consent of the Architectural Control Committee and with approval of the Town of Dardenne Prairie Board of Trustees. Provided, however, the following enumerated parts of any residence may project over the above described front, side and rear lines, for the distance shown, to—wit:

  1. Window Projections: Bay, bow, or oriel, former and other projecting windows not exceeding one store in height may project not to exceed two (2) feet;
  2. Miscellaneous Projections: Cornices, spoutings, chimneys, brackets, pilasters, grillwork, trellises and other similar projections for purely ornamental purposes, may project a distance not to exceed two (2) feet; and
  3. Vestibule Projections: Any vestibule not more than one (1) story in height may project a distance not to exceed two (2) feet.

      1. Uncompleted Structures:

      No residence shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after commencement of construction. In the event of fire, windstorm, or other damage, no building shall be permitted to remain in a damaged condition longer than three (3) months. The outside exterior walls and trim shall be completely finished within one hundred twenty (120) days.

      If the structure is not completed within the said periods of the starting date, the Owner of the Lot will be assessed ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) every month until said structure is completed. If the ONE THOUSAND DOLLARS ($1,000.00) is not paid within fifteen (15) days after the six (6) month period, the same conditions apply as under Article IV, Section 9 thereof.

      2. Garages:

      All garages must be a minimum of a two car garage and must be’ attached to the main dwelling house unless otherwise approved by the Architectural Control Committee. All garages facing any street must be equipped with doors which shall be kept closed as much as practicable to preserve the appearance of the elevation of the house fronting on the street. No carports will be allowed.

      3. Frontage:

      All dwelling houses shall front on the street on which it is located as shown on the recorded plat unless otherwise approved by the Architectural Control Committee. Dwelling houses located on corner lots shall front or present a good frontage on both streets unless otherwise approved by the Architectural Control Committee.

      4. Yard Finishing:

      Any Lot not built upon by lot purchaser after 180 days of purchase from Developer shall be graded, seeded, mulched, and maintained by Lot Owner.

      5. Exteriors:

      All exterior siding or brick must be installed within eighteen (18) inches of grade.

      6. Satellite Dishes:

      Satellite dishes will be permitted, but must be concealed by fencing or landscaping.

      7. Swimming Pools:

      No above ground swimming pools will be allowed.

ARTICLE VIII -  Easements

ARTICLE IX -  General Provisions

Amendments

Amendment 1, Article IV, Assessments

Amendment 2, Article VII, Section 2, Paragraph 9

Amendment 3, Articles I and V

Amendment 4, Article IX

Amendment 5, Article VII, Section 1, Paragraph 7 & Article IX

Amendment 6, Article VII, Section 1, Paragraph 5

 

Copyright 2006 Westfield Woods Community Association