Declaration of Restrictive Covenants for Forest Creek

ARTICLE I
GENERAL RESTRICTIONS

1. These covenants, conditions, limitations, and restrictions shall remain in full force and effect, and shall be binding on the Declarant and all persons claiming under the Declarant until January 1, 2018 at which time said covenants, conditions, limitations, and restrictions shall be automatically extended for successive periods of five (5) years unless by vote of those parties then owning a majority of the lots in the subdivision, it is agreed to change said covenants, conditions, limitations, and restrictions in whole or in part.
    
2. All lots in the subdivision shall be known, described and used as residential lots only. No structure shall be erected, altered, placed, or permitted to remain on any lot in the subdivision other than one detached single-family residence and a customary accessory building or buildings of the same type construction as the residence located on said Lot. As used herein, the term "residential" shall include only single-family residences. Multi-family residences are expressly prohibited.
    
3. No lot in the subdivision shall be re-subdivided so as to create an additional building lot. Where a residence has been erected on a plot consisting of more than one numbered Lot, said plot shall not thereafter be re-subdivided or sold as more than one separate Lot.
    
4. All dwellings constructed shall contain the following minimum square footage requirements above front grade:
   
   (i.) 1,600 square feet for a one (1) story dwelling;
   
   (ii.) 2,000 square feet for a one, one-half (1-1/2) story dwelling;
   
   (iii.) 2,000 square feet for a two (2) story dwelling of which 1,100 square feet shall be a minimum requirement on the ground floor;
   
   (iv.) 2,000 square feet for a bi-level, tri-level, split­level or split foyer dwelling; and
   
   The finished square footage requirements herein set out are for enclosed heated and finished floor area and are exclusive of any garage, porches, stoops, breezeways, unfinished basements, and other auxiliary structures. In addition to the square footage requirements herein set out, each Lot in the subdivision shall be subject to the following additional building requirements:
    
   1. All driveways shall be paved with concrete, flagstone, brick, or similar masonry material. No asphalt shall be permitted.
       
   2. All freestanding garages and all garages constructed as a part of any dwelling shall be enclosed and shall have garage doors;
       
   3. The exterior walls of all buildings erected shall be constructed principally of brick, stone, glass, stucco, vinyl or wood siding. No cinder blocks, cement blocks, asbestos siding, or artificial brick siding shall be exposed;
       
   4. Roof pitches no less than 6 in 12;
       
   5. The construction of all dwellings shall be completed within twelve (12) months from the date of the issuance of the building permit; all building materials shall be removed within thirty (30) days of completion of construction.
       
5. No above-ground pools shall be permitted on any lot.
    
6. No outside clothesline shall be erected, placed, or permitted to remain on any lot in the subdivision. All storage tanks shall be underground or surrounded by an enclosure at least one (l) foot higher than the storage tanks as installed.
    
7. No mobile home, manufactured home, modular home, house trailer, or shell home, either temporary or permanent, shall be placed on any lot at any time. In addition to the requirements of Paragraph 4 hereof, all dwellings constructed must meet all North Carolina single-family dwelling codes.
    
8. No well of any type shall be sunk or drilled on any lot except with the prior written permission of the Developer.
    
9. The construction of a fence on any portion of a Lot shall be subject to the prior approval of the Declarant, who reserves the right to approve or disapprove the design or materials proposed for use in the construction of the fence. No fence shall be erected so as to extend nearer to the front boundary line of the Lot than the front wall of the residence constructed on said Lot. No portion of any fence erected on a Lot shall be more than four (4) feet high above the ground. Fences shall not be constructed of chain link or other similar material other than an outdoor kennel located to the rear of the home enclosing not more than 200 square feet outside measurement.
    
10. Satellite dishes and/or antennas or similar structures may be no larger than eight (8) feet in diameter and must be set out of view in back yards and concealed by shrubbery or fencing.
     
11. No residence shall be constructed nearer the front property line than 40 feet, nearer the side property line than 10 feet, nearer the rear property line than 30 feet, or nearer the property line on side adjoining a street than 20 feet. All residences constructed on lots in the subdivision shall conform to City of Hickory zoning, except a house must be constructed within five (5) feet of the front setback line unless otherwise approved in writing by Declarant.
     
12. No type of temporary structure, trailer, camper, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.
     
13. No sign of any kind shall be displayed to the public view on any lot, except one (1) sign of not more than six (6) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. The Declarant is exempt from this provision for the purposes of signs that advertise the entire development.
     
14. No lot shall be used or maintained as a dumping ground for refuse or rubbish or as a storage area for junk cars. Trash, garbage, or other waste shall not be kept except in sanitary containers.
     
15. Parking on streets in the subdivision of boats, campers, motorhomes, RVs, or unregistered or unlicensed automobiles for more than twenty-four (24) hours shall not be permitted. No tractors or trailers shall be allowed to remain in the subdivision overnight or to be parked overnight in the subdivision, except for loading and unloading. Boats, boat trailers, motor homes, RVs and wet bikes shall be permitted in driveways but only if such is located to the rear of the dwelling and not readily visible from the street fronting the dwelling.
     
16. The assembly or disassembly of a motor vehicle shall not be conducted upon any lot in the subdivision.
     
17. Each lot owner shall maintain his Lot in a clean and attractive manner and shall prevent the development of any unclean, unsightly, or unkept conditions on his Lot and the improvements thereon. All grass and undergrowth shall be kept at a height no greater than twelve (12) inches.
     
18. No trade or business and no noxious or offensive activity shall be carried on upon any lot in the subdivision, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
     
19. Household pets shall not be allowed to cause undue disturbance. No livestock or poultry, or other animals except household pets may be kept on any lot in the subdivision.
     
20. The Declarant reserves an easement ten (10) feet wide along the front, rear, and side property lines of all lots in the subdivision for present and future utility needs, such as telephone, electricity, water, sewer, or gas lines. Any easements which have heretofore been granted by the Declarant are also reserved.
     
21. Reference is made to the recorded plats as to which lots are conveyed subject to City of Hickory sanitary sewer easements, Duke Power Company transmission right-of-ways, and one hundred (100) year floodplain.