Covenants and Restrictions
ARTICLE VIII
GENERAL COVENANTS AND RESTRICTIONS
8.01 Application. The covenants and restrictions contained in this Article VIII shall pertain and apply to all Lots and to all Structures erected or placed thereon.
8.02 Restriction of Use. All buildings, Residences, Structures, and other improvements erected, altered, or placed on a Lot shall be of new construction, and no structure of a temporary character, trailer, mobile home, tent, shack, garage, team, or outbuilding shall be used on a Lot at any time as a Residence, either temporarily or permanently. No part of the Property shall ever be used or caused to be used or allowed or authorized in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending, or other non-residential purposes. No duplexes or other attached housing for more than one dwelling tmit shall be erected on any Lot.
Temporary structures and model homes may be used as building offices and other related purposes by Declarant or a builder who is currently constructing homes for resale within the Property. No builder shall be allowed to maintain an office or model home for the purpose of the sale of homes unless said builder is conducting an active sales program within the Property and not for the purpose of sales in other subdivisions outside of the Property.
8.03 Resubdivision of Propery. No Lot may be split, divided, or subdivided for sale, resale, gift, transfer, or otherwise, without the prior written approval of the ACC of plans and specifications for such split, division, or subdivision. Notwithstanding the foregoing, nothing herein shall prevent Declarant or the Owners of any Lots from combining two or more Lots into one Lot for construction of a single Residence thereon; provided, however, that such combined Lot may not be subdivided thereafter; and, provided further, that the Owner of the combined Lot shall be responsible for any and all assessments based upon the number of Lots combined into one Lot.
8.04 Erosion Control. No activity that may create erosion or siltation problems shall be undertaken on any Lot without the prior written approval ofthe ACC of plans and specifications for the prevention and control of such erosion or siltation. The ACC may, as a condition of approval of such plans and specifications, require the use of certain means of preventing and controlling such erosion or siltation. Such means may include (by way of example and not of limitation) physical devices for controlling the run—oif and drainage of water, special precautions in grading and otherwise changing the natural landscape and required landscaping as provided for in Section 8.05. Guidelines for the prevention and control of erosion and siltation may be included in the Design Standards of the ACC.
8.05 Landscaping. No construction or alteration of any Structure shall take place without the prior written approval by the ACC of plans and specifications for the landscaping to accompany such construction or alteration. A written plan of landscaping must be submitted to the ACC prior to installation of any materials; this plan shall include a drawing to show location and description of all "hardscape" items such as fences, walls, rocks and so forth. A minimum landscaping allowance of $2,000 per Lot for the front yard, excluding sod and irrigation system, shall be established for all new construction. This allowance may be increased or decreased at the discretion of the ACC. Owner shall be required to sod the front yard and all side yards which are visible from a street with a permanent, heat tolerant grass (i.e. , Bermuda, St. Augustine, or other grass approved by the ACC). Ground cover composed of living material such as ivy or Asiatic jasmine may be allowed if approved by the ACC.
No "desert style” landscaping, rock covered yards, or other stone yard cover will be allowed.
Owner must install a front yard underground irrigation system and plant at least two 4" caliper or better trees in the front yard. The street-facing side yards or corner lots shall also be irrigated and install sod or hydroseed according to the same seasonal schedule and plant at least two 4" caliper trees in the side yard. The 4" caliper tree requirement may be waived if the front yard contains three (3) or more existing trees. All rear yards visible irom a street must be sodded within sixty (60) days of occupancy of a Residence.
Landscaping shall be completed in accordance with approved plans not later than sixty (60) days alter: (l) final inspection by the City of Benbrook, Texas, building inspector and/or the Tarrant County building inspector as may be applicable, or (2) occupancy of a Residence, whichever is earlier. In the case of existing homes, proposed changes and additions in landscaping must be submitted for · approval by the ACC in the same detail as new construction. Once the plans have been approved by the ACC, a time frame for completion of the approved changes shall be agreed upon between the ACC and the homeowner.
The builder shall be responsible for providing and installing landscaping as required in this Declaration as a part of his contract with the homebuyer. Notwithstanding the preceding sentence, should the builder not complete the proper landscaping before the closing ofthe sale ofthe Residence to the homebuyer, said homebuyer (Owner) shall be responsible for completing landscaping according to this provision.
8.06 Existing Trees. No tree having a diameter of three (3) inches or more (measured from a point two (2) feet above ground level) shall be removed from any Lot umless such removal is in conformity with approved landscaping plans and specifications submitted pursuant to the provisions of Section 8.05 hereof.
8.07 Temporary Buildings. No temporary building, trailer, garage, or building under construction shall be used, temporarily or permanently, as a residence on any Lot except as temporary sleeping or living quarters required or desirable for security purposes in accordance with plans and specifications therefor approved by the ACC. Temporary structures and model homes may be used as building offices pursuant to the provisions of Section 8.02.
8.08 Outbuildings. No metal storage outbuildings shall be erected, placed, or maintained upon any Lot in the Property. No treehouse or children’s playhouse shall be permitted on any Lot in the Subdivision without prior written approval of the ACC. Outbuildings or other structures, temporary or permanent, other than the Residence or garage shall be limited to eight feet (8') in height and shall be subject to approval by the ACC. Any other type of permitted outbuilding must be in keeping with the overall character and aesthetics of the Residence located on the Lot. The ACC shall require prior approval of, but not limited to, all outbuildings, play structures, shade structures, or pool buildings. Any outbuilding will be required to be constructed with material and of a design that is determined by the ACC to be compatible with the design of the Residence. All playground and recreational equipment shall be placed at the rear of a Lot. No outbuilding or play structure will be permitted to be placed on easements; be located nearer than five feet (5') to an interior side line of the Lot; or forward of the front building line. The ACC is hereby authorized to determine what constitutes a violation of this restriction.
8.09 Prefabricated Structures. Prefabricated or factory built structures shall not be permitted within the Property, and such manufactured units shall not be employed as elements in the construction of Structures affixed to Lots or Residences within the Property except by express written consent of the ACC.
8.10 Signs.
(a) No signs whatsoever (including but not limited to commercial and similar signs) shall, without the ACC’s prior written approval of plans and specifications therefor, be installed, altered, or maintained on any Lot, or on any portion of a Structure visible from the exterior thereof, except:
(i) such signs as may be required by legal proceedings;
(ii) not more than one "For Sale" sign, such sign having a maximum face area of four square feet; provided that such sign may only be displayed in the front yard of a Lot; and, provided, further, that it; at the time of any desired use of such sign, the Association is making "For Sale" signs available for the use of Owners, the signs made available by the Association must be used;
(iii) directional signs for vehicular or pedestrian safety in accordance with plans and specifications approved by the ACC;
(iv) any sign required by any governmental authority having appropriate jurisdiction; and
(v) temporary signs. (ie., garage, lawn sales, etc.),
(b) In no event during approved construction of any Structure shall more than one job identification sign be approved by the ACC.
(c) All "for rent” or "for lease" signs are prohibited.
(d) The number of temporary signs must be kept to a minimum and may be put up no sooner than 24 hours in advance of a sale. Signs must be removed promptly aiter a sale has ended.
(e) No sign may be placed on the Common Property or the entrance areas to the Subdivision without written approval of the ACC.
8.11 Setbacks. Building area setbacks shall be within the recommended building lines indicated on the recorded subdivision plats of the Property and as specietied in the City of Benbrook Subdivision Ordinance (hereinafter referred to as "Subdivision Ordinance"). In no event shall the setbacks be less than those required by the Subdivision Ordinance unless a variance is granted by the appropriate governmtental authority and approved by the ACC. In approving plans and specification: for any proposed Structure, the ACC may require more restrictive setbacks than the minimun specified in the Subdivision Ordinance for the location of such Structure. Notwithstanding thc preceding sentence, the maximum front setback shall be thirty feet. All such setbacks shall be established such that they do not violate the provisions of applicable ordinances, laws, rules, regulations, or the provisions of the subdivision plat(s) establishing the Subdivision. No Structure shall be erected or placed on any Lot unless its location is consistent with such setbacks.
8.12 Retaining Walls and Fences. No fence or wall of any kind shall be erected, maintained, or altered on any Lot without the prior written approval of the ACC of plans and specifications for such fences and walls. No fence shall be constructed in violation of any applicable ordinances, laws, rules, regulations, or the provisions of the subdivision plat(s) establishing the Subdivision.
Retaining walls shall be masonry on the front and all side Lot areas between the Residence and any adjacent streets. Retaining walls may be of other materials as approved by the ACC in the rear and side Lot areas where masonry is not required. The masomy retaining walls shall match or be compatible with the exterior materials on the Residence.
Fences and screening may be used within the Property to define private spaces or to attract or to divert attention to or from particular views. Certain objects that may be fenced or screened include: (1) free standing utility apparatus, e. g. transformers, switching equipment, etc.; (2) exterior, ground level machinery, e. g. heating and air conditioning equipment; (3) outside storage and service areas for equipment and supplies; and (4) refuse containers and related storage areas.
Acceptable methods of screening are as follows: (1) Earth banks and terms which shall have a maximum slope of 2:1 and be covered with plant material as approved by the ACC; (2) landscaping planting screens, hedges, etc.; (3) masonry walls or other materials that would be compatible with the approved retaining walls; (4) decorative iron as approved by the ACC; or (5) fencing as approved by the ACC. All such fence plans must be submitted to and approved by the ACC prior to construction.
General guidelines for fences shall include: (1) no fence shall be constructed more than 6' above grade in height; (2) landscape planting as an integral component; (3) no woven metal or chain link fences will be allowed except as approved by the ACC as small area pet enclosure (i.e. , dog run), such pet enclosures to be screened by privacy fencing from direct view from the street as well as other fencing and/or plant materials as may be required and approved by the ACC; and (4) no fence that completely blocks vision shall be constructed except where the need for privacy is evident and approved by the ACC.
All fencing from the Residence to the side property lines visible from the street must be constructed of masonry material that match or is compatible with the exterior materials of the Residence; landscaping, planting screens, hedges or shrubs, or decorative iron must be approved by the ACC.
8.13 Roads and Driveway. No road or driveway shall be constructed or portion altered on any Lot without the prior written approval of the ACC of plans and specifications for such roads and driveways. Guidelines relating to the design and location of roads and driveways may be included in the Design Standards of the ACC. No road or driveway shall be constructed in violation of any applicable ordinances, laws, rules, regulations, or the provisions of the subdivision plat(s) establishing the Subdivision.
8.14 Antennae, Etc. No antennae, satellite dish, or electronic device of any type shall be placed on any Residence, Structure, or Lot so as to be visible from a street, Common Property, or another Residence. No antennae shall be installed or used for the purpose of transmitting of electronic signals.
8.15 Clotheslines, Garbage Cans, Etc. All clotheslines, equipment, garbage cans, and woodpiles shall be kept screened by adequate planting or fencing so as to conceal them from view by neighboring residences and streets, and may be maintained in the rear yard on a Lot only.
8.16 Maintenance. The Owner of each Lot shall maintain the same and adjacent street right-of-way, and the improvements, sod, trees, hedges, and plantings thereon, in a neat and attractive condition. Such maintenance shall include regular mowing, edging of turf areas, weeding of plant beds, fertilizing, weed control, and watering of the turf and landscape areas on each Lot. Diseased or dead plants or trees must be removed and replaced within a reasonable time frame. On front lawns and wherever visible from any street, there shall be no decorative appurtenances placed, such as sculptures, birdbaths, birdhouse, fountains or other decorative embellishments unless such speciic item(s) has been approved in writing by the ACC. The Association or Declarant shall have the right, alter ten (10) days notice to the owner of any Lot setting forth the action intended to be taken by the Association or Declarant, provided at the end of such time such action has not already been taken by such Owner, (i) to mow or edge the grass thereon; (ii) to remove any debris therefrom; (iii) to trim or prune any tree, hedge, or planting that, in the opinion ofthe Association or Declarant, by reason of its location or height or the manner in which it has been permitted to grow, is detrimental to the enjoyment of adjoining property or is unattractive in appearance; (iv) to repair or stain/paint any fence thereon that is out of repair or not in harmony, with respect to color, with fencing on adjacent property; and (v) to do any and all things necessary or desirable in the opinion of the Association or Declarant to place such property in a neat and attractive condition consistent with the intention of this Declaration. The person who is the Owner of such property at the time such work is performed by the Association shall be personally obligated to reimburse the Association for the cost of such work within ten (10) days after it is performed by the Association, and if such amount is not paid within said period of time, such Owner shall be obligated thereafter to pay interest thereon at the maximum rate allowable by law, and to pay attorneys fees and court costs incurred by the Association in collecting said obligation, and all of the same shall be seemed by a lien on such Owner’s property, subject to liens then existing thereon. Such lien shall be enforceable as any other assessment lien as provided in this Declaration.
8.17 Commercial and Recreational Vehicles and Trailers. No commercial vehicle, commercial use truck, bus, trailer, mobile home, recreational vehicle, camper, truck with camper top, boat, boat trailer, self-propelled or towable equipment or machinery of any sort, or any item deemed offensive by Declarant, ACC, or the Association or like equipment shall be permitted on any Lot on a permanent basis. Nor shall any such equipment be allowed on any street right-of-way without movement for a period of twenty-four (24) hours or more during a period of seven (7) consecutive days. No junk vehicles or vehicles in disrepair or neglect shall be stored, repaired, or displayed on any Lot, street, or otherwise in the Subdivision. Notwithstanding the foregoing, any such vehicles or equipment may be stored on a Lot, provided such vehicle or equipment is kept in an enclosed space and is concealed from view by neighboring Residences and streets. During the construction of improvements on a Lot, necessary construction vehicles may be parked thereon for and during the time of construction of the Residence.
This restriction shall not apply to automobiles or small passenger trucks in good repair and attractive condition, provided that any such vehicles are parked on an improved driveway that has been approved by the ACC. No vehicle shall ever by permitted to be parked on the front or side lawn within view of the public.
The ACC and Board reserve the right to restrict street right-of-way parking on specific streets within the Subdivision when street parking could detract from the architectural harmony of an area or cause restricted street access to normal traffic flow or emergency vehicles.
8.18 Recreational Equipment. Recreational and playground equipment shall be placed or installed only upon the rear of a Lot as approved by the ACC. Basketball goals may be placed adjacent to the driveway if the backboards are installed behind the front building line and are constructed of a clear plexiglass as approved by the ACC. No above ground pools shall be allowed.
8.19 Non—Discrimination. No Owner or person authorized to act for an Owner shall refuse to sell or rent, after receiving a bona fide offer, or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny the purchase or rental of any Lot to any persons because of race, color, religion, sex, age, or national origin. Anything in this Declaration to the contrary notwithstanding, this covenant shall run with the land and shall remain in effect without any limitation in time.
8.20 Animals. No agricultural animals may be kept on any Lot and no animals, including birds, insects, reptiles, sheep, goats, horses, cattle, poultry, dangerous animals (the determination as to what is a dangerous animal shall be in the sole discretion ofthe Association’s Board), or livestock of any kind shall ever be kept in the Subdivision; except that dogs, cats, or other common household pets (not to exceed a total of three animals) may be kept by the Owner or tenant of any Residence provided they are not kept for any commercial purpose. Any allowable pet that is kept in a household must be contined to its Owner’s Lot either by constraints of a backyard fence, a leash, or within the Residence. No animal shall be permitted to run feely away from its Owner’s Lot and must be controlled by a leash or trained to walk with the Owner unleashed. All applicable leash and licensing laws in effect in the City of Benbrook and Tarrant County shall also apply to this animal husbandry provision. No animal shall be allowed to become a nuisance. No Structure for the care, housing, or confinement of any animal shall be constructed, placed, or altered on any Lot unless plans and specifications for said Structure have been approved by the ACC.
8.21 Trash and Rubbish Removal. No trash, rubbish, garbage, manure, or debris of any kind shall be kept or allowed to remain on any Lot. The Owner of each Lot shall remove such prohibited matter from his Lot at regular intervals at his expense, and prior to such removal all such prohibited matter shall be placed in sanitary refuse containers with tight fitting lids in an area adequately screened by planting or fencing so as not to be seen from neighboring Lots or public or private streets. If rubbish, garbage, or any other form of solid waste is to be disposed of by being collected on a regular and recurring basis, containers may be placed in the open on any day that a pick-up is to be made, in order to provide access to persons making such pick-up. Except during approved construction and as approved by the appropriate governmental authority, no person shall burn rubbish, garbage, or any other form of solid waste on any Lot or on Common Property. Except for building materials employed during the course of construction of any Structure approved by the ACC, no lumber, metals, bulk materials, or solid waste of any kind shall be kept, stored, or allowed to accumulate on any Lot unless screened or otherwise handled in a manner set forth in the Design Standards. Reasonable amounts of cornstruction materials and equipment may be stored upon a Lot for reasonable periods of time during the construction of improvements thereon.
8.22 Reasonable Enjoyment. No nuisance shall ever be erected, placed, or suffered to remain upon any Lot in the Property and no Owner of or resident on, any Lot in the Property shall use the same so as to endanger the health or disturb the reasonable enjoyment of any other Owner or resident. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereof that may be or may become an annoyance or nuisance to the community. The · Association’s Board is hereby authorized to determine what constitutes a violation of this restriction.
8.23 Chimney Stacks. Chimney stacks on front of Residences may not be cantilevered and hang in the air. They must sit on foundations veneered with brick, stone or other approved masonry material as applicable to each individual Residence.
8.24 Exterior Surfaces. All Residences shall be constructed of at least 80% masonry siding on all exterior walls unless otherwise approved by the ACC. Recommended siding materials include brick, stone, stucco, wood lap siding, and hard board lap siding. Large sheet siding (i.e. 4' x 8' sheets) shall not be used unless approved by the ACC. There shall be no bright red, orange, or unusual looking brick. All brick mortar shall be in subdued colors and samples must be submitted for ACC approval. Old used brick will be accepted in special circumstances, as will be the painting of brick. All gables that face the front of the Residence or that face a side street, if on a corner Lot, shall be constructed or faced with the same masonry material as the rest of the Residence. All chimneys shall be of masonry material.
Stucco is a specialized house finish. Stucco Residences shall only be approved by a special request and only after the ACC agrees in writing that stucco fits the street scape and overall community standards. The builder may only use a stucco as outlined in the specifications that will accompany the written approval, if granted.
8.25 Roof. Roofing material and color shall be specified in the plans submitted to the ACC for approval. No plumbing, heating vent, or roof ventilator (other than ridge ventilators) shall penetrate roof surfaces that face the street or streets adjacent to the residential structures, unless approved by the ACC. The ACC may approve exceptions to this restriction when energy conservation and heating/cooling efficiency require ventilators that, because of a particular roof design, cannot be hidden from public view, or if the City of Benbrook Building Code requires otherwise. All roof stacks and flashing must be painted to blend with the roof color.
Minimum roof pitch on the front elevation shall be 8 to l2, unless approved by the ACC. Certain architectural styles, e. g. Georgian, do not require as steep a minimum roof pitch and will be analyzed on a case by case basis by the ACC. Minimum roof pitch on rear elevations and certain front to back elevation shall be 8 to 12, unless approved by the ACC.
Roof material shall be a high quality composition shingle of equal to or better than a laminated medium weight shingle, e. g. Prestique II. No three tab shingles shall be allowed. Other roofing materials may include: natural or approved artificial slate; fire treated wood shingle or #2 shake, or better; or clay or concrete tile of a type, style, and color as approved by the ACC. In no event shall the pitched portion of a roof be comprised of more than one material.
8.26 Driveways. Driveways shall be constructed with concrete or other hard surface material such as paving stones or brick that is compatible with the overall landscape flatwork scheme and as approved by the ACC. Existing trees, topography, and landscape planning should be taken into consideration and where possible driveways should curve. Front yard circular driveways and off street parking areas may be approved at the discretion of the ACC.
8.27 Pools and Spa Eguipment. Plans for proposed swimming pools, hot tubs, surrounding decks, fencing, and screening must be submitted for approval before any clearing, grading, or construction is commenced. An swimming pools and hot tubs must be fenced in accordance with the applicable City of Benbrook Ordinance. No above-ground pools will be approved.
8.28 Mailboxes. All mailboxes shall be constructed of brick, ornamental iron, or masonry material to match or be comparable with the style and materials of the Residence.
8.29 Oil and Mining Operations. No oil or natural gas drilling; oil or natural gas development; or oil reifining, quarrying, or mining operations of any kind; no oil, natural gas, or water wells, tanks, tunnels, mineral excavations, or shafts; and no derricks or other structures for use in boring for oil, natural gas, minerals, or water shall be erected, maintained, or permitted in the Subdivision.
8.30 Commercial Use. No activity, whether for profit or not, that is not related to single- family residential purposes, shall be carried on any Lot, except on those Lots that may be designated by the ACC for use as sales offices, construction offices, and storage facilities for a period of time commensurate with home construction and sales within the Property. Except for this temporary use on selected Lots, no noxious or offensive activity of any sort shall be permitted, nor shall anything be done, on any Lot which may be or become an annoyance or nuisance to the neighborhood.
8.31 Septic Tanks. No cesspool, septic tank, or privy shall be placed or maintained on any Lot.
8.32 Declarant’s Rights During Development Period. During that period of time while any portion or portions of the Property are being developed and marketed (the "Development Period"), the Declarant, with the right of assigmnent, shall have and hereby reserves the right to reasonable use of the Common Area and land owned by Declarant within the Property in connection with the promotion and marketing of land within the boundaries of the Subdivision. Without limiting the generality of the foregoing, Declarant may erect and maintain such signs, temporary buildings, model homes, and other structures as Declarant may reasonably deem necessary or proper with the promotion, development, and marketing of land within the Property during the Development Period.
8.33 Builder Rights. During the Development Period, the ACC shall have the right to allow an approved builder in the Subdivision the right to erect and maintain such signs, model homes, and other structures as the ACC may reasonably deem necessary or proper in connection with builder’s promotion, development, and marketing of Lots and Residences located within the Subdivision. The approvals granted by the ACC, as described above, are discretionary and may be revoked if in the opinion of the Declarant the builder does not comply with guidelines established by the ACC or the Declarant. Builder shall be given at least ten (l0) days notice to comply with any revocation of approval by the ACC.
8.34 Construction Work. Except in an emergency, or when other unusual circumstances exist as determined by the Board, outside construction work or noisy interior construction work shall be permitted only after 6:00 A.M. and before 9:00 P.M.
8.35 Electrical Telephone and other Utility Lines. All electrical, telephone, and other lines and facilities that (i) are located on a Lot; (ii) are not within or part of any Structure; and (iii) are not owned by a governmental entity, a public utility company, or the Association, shall be installed in underground conduits or other underground facilities. Lighting fixtures may be installed above ground if approved in writing by the ACC.
8.36 Window Coolers. No window or wall type air conditioners or water coolers shall be permitted to be used, erected, placed, or maintained on or in any Residence on any part of the Lot.
8.37 Minimum Home Size. No single family Residence shall be located on any Lot unless said Structure shall meet or exceed the minimum square feet (heated living area) requirement established by any applicable zoning ordinance and in no event shall the minimum square feet be less than 2,500. First floor must be a minimum of 1,500 square feet (heated living area).
8.38 Garages. Garages shall be side or rear entry. A garage may open to the street if it is placed at least thirty feet behind the front building line of the Lot as approved by the ACC. All garages must have doors and the doors must be equipped with automatic garage door openers. All garage doors that are visible from a street must be kept closed at all times except for allowing for ingress and egress. No carports visible irom the street shall be permitted on any Lot.