The Transferee (Purchaser) for the Transferee and the Transferee’s heirs, executors, administrators and assigns, to the intent that these covenants shall run with the land, covenants and agrees with Huron Woods Inc., its successors and assigns, to comply with the restrictive covenants set out herein. It is the intent of these restrictive covenants to preserve the natural state of the lands and trees to the benefit of the owners of all lots on Registered Plan 780.
CLEARING, EXCAVATION AND CONSTRUCTION
1. Except where specifically permitted by these covenants, natural grades and vegetation shall not be removed or altered.
2. No trees shall be removed (or harmed during construction) without the express written approval of Huron Woods Inc., which approval shall only be given for the removal of trees as necessary for the construction and use of approved buildings and improvements. No trees or natural vegetation whatsoever may be removed or altered within the following areas:
a) within 23 metres of the Old Ausable River;
b) 30 metres from the west boundary of the Highway 21 right-of-way, as widened;
c) within 10 metres of the northern boundary of Beach O’Pines Road where it abuts the southern boundary of Registered Plan No. .
3. No excavations or alterations of grades shall be carried out except with the written approval of Huron Woods Inc., or as set out on building plans approved by Huron Woods Inc. in writing.
4. Once commenced, all construction, except for work on the interior of any building, shall not continue longer than twelve (12) months, at the end of which period of time it shall be entirely completed.
5. Where construction creates levels of noise audible off the lands, it shall not be carried on between the hours of 9:00 p.m. and 8:00 p.m. or at any time on Sundays.
6. Prior to the assumption of Sandalwood Crescent by the Municipality, no construction which requires a building permit under the Ontario Building Code, nor any construction involving excavation or mechanised construction equipment, shall be commenced until there has been posted with Huron Woods Inc. a cash deposit of One Thousand Five Hundred Dollars ($1500.00) as security for any damage caused to the roads during construction.
PLANS AND APPROVALS
No excavating, grading, clearing, landscaping, construction or erection of improvements or buildings shall be undertaken on the lands unless built and completed in accordance with plans approved by Huron Woods Inc., including approval of the aesthetic treatment of the exterior of any buildings. No plans will be approved unless they show, to the satisfaction of Huron Woods Inc.:
a) the location of all buildings and improvements (including driveways) in relation to the lot lines;
b) the proposed location of the septic tank and service connections, if relevant.
c) any proposed minor alterations in grades adjacent to foundations or to accommodate septic tanks and tile beds.
d) building floor plans and elevations.
e) the location of any trees to be removed (which trees must themselves be marked for removal on the site).
f) the materials to be used on and the aesthetic treatment to be given to the exterior of all buildings;
g) the installation of a front yard light proximate to the street line and equipped with a photo-cell.
8. No work shall commence until all such plans and amendments to them have been approved by Huron Woods Inc. in writing.
9. No building or improvement shall be constructed within the areas listed in 2 above.
10. The lands shall not be used for any purpose except:
1. the construction and use of a single family residence built in accordance with plans approved by Huron Woods Inc. to contain a living area, not including garages, porches, other exterior living spaces or basements, of at least:
2. the construction and use as accessory to a single family residence of one garage, tool shed, swimming pool, recreational tennis court, accessory building and other improvements, all of which have been built in accordance to plans approved by Huron Woods Inc. (In order to be approved, plans for accessory buildings must indicate how they will be screened by natural vegetation from adjoining lots and the street and such screening shall not be removed after construction.)
11. The lands shall not be used for the breeding or sale of any animal and no animals other than usual household pets shall be kept on the lands.
12. No open fires shall be lit or allowed to burn on the lands, except for the purpose of domestic outdoor cooking, and then only in a metal, stone or brick barbecue device or structure.
13. No building visibly damage by fire or other cause shall be left unrepaired for more than four (4) months.
14. No signs of any nature shall be placed upon the lands except for signs containing the owner’s name and/or the municipal address and except for one sign offering the lands for sale which sale sign shall not exceed 3 feet by 2 feet.
15. No garbage containers shall be visible on the lands except when placed at the street for pick-up.
16. No air-conditioning equipment shall be installed so as to be visible from the street or adjoining lots or so as to be an audible annoyance to those using adjoining lots.
17. Clotheslines must not be visible from the street.
18. Boats will not be stored on the land from November 1st to April 1st in any year in a location which is visible from the street.
19. Snowmobiles will not be stored on the land from April 1st to November 1st in any year in a location which is visible from the street.
20. Temporary buildings, trailers, tents, other temporary structures, or quantities of building materials shall not be erected, stored or kept on the land except during approved construction.
21. Trucks and construction machinery must not be stored or kept on the property except as necessary for approved construction.
22. No fence shall be Constructed except:
- fences around swimming pools as required for safety or by any government regulations;
- fences constructed or consisting of natural materials such as hedges, split rails or natural wood which may be constructed along side and rear lot lines only or where retaining walls are necessary to support differential grades.
23. The benefit of these covenants shall accrue to the benefit of each of the other lots on Registered Plan • and the covenants may be enforced by Huron Woods Inc., its successors and assigns.
24. These restrictive covenants shall be read with all changes of gender and number required by the context.
25. If any covenant herein shall be found to be invalid or unenforceable, the remainder of the agreement shall not be affected but shall be read as if such invalid or unenforceable covenant were omitted.