Ridgewood Heights Covenants

THE COMMON COUNCIL OF THE CITY OF GILLETT HEREBY ORDAINS THAT THE FOLLOWING DECLARATION OF CONDITIONS, COVENANTS, RESTRICTIONS AND EASEMENTS FOR RIDGEWOOD HEIGHTS ARE APPROVED.

THIS DECLARATION, made this 5th day of September, 1991, by the City of Gillett hereinafter called "the developer",WITNESSETH:

WHEREAS, the developer is the owner of the real property described in Article I of this Declaration, and desires to subject it to conditions, restrictions,covenants, reservations and easements for the benefit of said property as a whole and for the benefit of each owner of any part thereof.

NOW THEREFORE. the developer hereby declares that the real property hereinafter described shall be used, held, transferred, sole and conveyed subject to the conditions, restrictions covenants, reservations and easements hereinafter set forth which shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof.ARTICLE I

Property subject to this declaration. The following property shall be subject to this declaration: Ridgewood Heights.ARTICLE II

2.1 General Purpose. The general purpose of this declaration is to assure that Ridgewood Heights will become and remain an attractive community and to insure the best use and the most appropriate development and improvement of each building site; to protect owners of building sites against such use of surrounding building sites as will detract from the residential value of their property; to prevent the erection hereon of poorly designed or proportioned structures; to obtain harmonious use of material and color schemes; to insure the highest and best residential development of said property; to prevent haphazard and inharmonious improvement of building sites; to secure and maintain proper setbacks from streets, and adequate spaces between structures to insure light, air, privacy and to minimize damage from fire.

2.2 Land use and Building type. No lot shall be used except for single family residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot which exceeds two and one half stories in height and other outbuildings incidental to residential use for the premises. home size will be a minimum of 1400 sq. ft. of finished living space. An attached garage will be limited to864 sq.ft. and exterior material will be in harmony with house design and roof lines. One out-building will be allowed not to exceed one-half the total sq. ft. of the living space of the house and be in harmony with the house exterior. No home occupation shall be allowed, home occupation being defined as any occupation for gain or support conducted within a dwelling which is incidental and secondary to the use of the dwelling for dwelling purposes. Home occupation shall include, but are not limited to, office for an accountant, real estate agent, insurance agent, clergyman, architect, dressmaking, millinery, baby-sitting, laundering, crafts and musical instruction. Said uses are by way of example and not by way of limitation. This prohibition on home occupation shall not apply to occupations conducted by a salesman who conducts sales away from home such as an Avon person or Fuller Brush person.

2.3 Architectural Control. In the interest of promoting attractive design, it is preferred but not required that any residence or garage be designed by an architect or practicing home designer. No structure shall be erected, placed or altered on any lot in the platted blocks involved until the building plans, specifications, and plot plan showing the location thereof have been approved in writing as to quality, materials, harmony of external design and colors, with existing planned structures, and as to location with respect to topography, neighboring buildings, setbacks, finish grade elevations, driveways and planting and landscaping by the planning committee. The committee shall have the power to waive its right to review plan for non-residential structures for a period of time or particular area. In the event said committee or it's designated representative fails to approve or disapprove such design and location within thirty days after the plans and specifications have been submitted to it, or in the event, if no suit to enjoin the erection of such structure or the making of such altercations or to require the removal thereof has been commenced before one year from the date of completion thereof, such approval will not be required and this covenant shall be deemed to have been fully complied with.

2.4 Dwelling Quality. The design, layout, and exterior appearance of each residence shall be such that, in the opinion of the Planning Committee at the time of approving the building plans, the residence will have no substantial adverse effect upon the property values in the neighborhood.

2.5 Landscaping. Landscaping shall meet all current city ordinances. Also see item 2.11 H below.

2.6 Property Marker. Property owner or subdivider shall replace property irons within 30 days if disturbed.

2.7 Ground Fill on Building Site. Where fill is necessary on the building site to obtain the proper topography and finished ground elevation, it shall be ground fill free of waste material and shall not contain noxious materials that will give off odors of any kinds, and all dumping of fill material shall be leveled immediately after completion of the buildings. Any excess excavated earth shall be removed from the building site and deposited where directed by the City of Gillett.

2.8 Drainage. The land on all sides and near rear lot lines shall be graded by the property owner and maintain by the abutting property owners to provide for adequate drainage of surface water.

2.9 Nuisances. No noxious odors shall be permitted to escape from any building site and no activity which is, or may become, a nuisance or which creates unusually loud sounds or noises shall be suffered or permitted on any building site. Outside parking of inoperable and/or unlicensed motor vehicles or campers or other materials on any site is prohibited. Customary overnight parking or storage of vehicles that have a gross vehicle weight of 8,000 pounds and/or exceed 8 feet in width shall be prohibited on any public street within this residential development.

2.10 Signs. No permanent sign of any kind shall be displayed to the public view on any lot except one sign up to 12 square feet advertising the property for sale or rent, or a sign used to advertise the property during the construction and sales period. All signs shall be located at least ten feet back from the lot line. Personalized name signs not to exceed 6 sq. ft. will be allowed.

2.11 Fences and Walls. Fences erected on residential premises shall be limited to the following maximum heights:

A. Three feet when located along lot lines.

B. Five feet when located at least five feet from lot lines.

C. Six feet when located at least 15 feet from lot lines.

D. No fence shall be constructed or erected on residential premises in the City of Gillett exceeding six feet in height.

E. It shall be unlawful to use barbed wire to construct any fence or part of a fence in a residentially zoned area. Utility snow fences may be used only during winter months. Such fences shall be removed at the end of each winter season.

F. No fence shall be constructed beyond the front of the house or building. Front yard set-back requirements of the zoning code shall be applied to determine the maximum projection when the existing house or building has a non-conforming set-back.

G. Posts of any permitted fence shall be placed on the applicant's side of the fence.

H. All mass planting needs to be approved by the Planning Committee prior to planting.

2.12 Building Location Control. In lieu of the normal building location controls set forth in the zoning regulations of the City of Gillett, as provided by the Planned Development Regulations, the following location controls are established:

A. Street Setback:

1. There shall be a minimum 25 foot setback from the street right-off-way line to any garage, to provide an entrance and parkway apron for the garage.

2. There shall be a minimum 20 foot setback from a street right-of-way to any living area wall.

3. There shall be a minimum 10 foot setback from any street right-of-way to any non-lining area wall for landscaping purposes.

B. Offsets from lot lines:

1. No building shall be closer than 10' to any lot line.

2. All dog kennels will be behind the house and a minimum of 6' from lot lines.

2.13 Corner Visibility. On any corner residential lot, nothing shall be erected, planted or allowed to grow within a triangle created by extending a line 15 feet along each street right-of-way line from the intersection that will obscure visibility over the height of 3 feet above the street grade.

2.14 Recreational Vehicles and Structures. Outside storage is permitted in a reasonable manner for the following: building for ice fishing, mobile camp trailer, snowmobile, camper utility trailer and boat, provided that the above vehicles and structures are owned by the resident. No storage is permitted in front yards.

2.15 Satellite Dishes. No Satellite dish shall be placed on a lot without meeting all setback requirements. Further, no satellite dish shall be placed as to interfere with the use of an adjoining lot. No more than one satellite dish shall be placed on a lot. Any satellite dish which is inadequately anchored, or is not structurally sound, may be subjuct to order of removal by the building inspector.

2.16 Utility. All utility lines for electricity, cable TV, and telephone shall be placed underground in rear of lot easement. The developer will coordinate all underground placement with a 15 day notice to each utility as to line placement date. Temporary overhead facilities may be installed to serve a construction site or where necessary because of severe weather conditions. In the latter case, within a reasonable time not to exceed 120 days. Where the utilities are installed, the easements shall be graded to within 6 inches of the final grade by the developer, prior to the installation of such facilities, and earth fill, piles or mounds of dirt shall not be stored on such easement areas.

2.17 Street Lighting. All street lights within the area being developed will be coordinated with the electric utility serving the subdivision and as approved by the planning-utility committee.

2.18 Streets After the installation of temporary block corner monuments and all underground facilities by those involved and after the street grades have been established by the City and a majority of the lots sold said street shall be installed.

2.19 Public Sanitary Sewer The city shall construct sanitary sewers in such a manner as to make adequate sewer service available to each lot within the sub-division. the planning-utility committee requires the installation of the sewer laterals to the street lot line at the property owners expense. Building permits will be required and shall be issued for erection of any structure on any lot.

2.20 Curb and Gutter Assessment Landowner is responsible for the standard 6 inch curb and 18 inch gutter, and the City shall apply a full-width bituminous surface at a complete depth of at least 3 inches, all in accordance with plans and specifications as approved by the Director of Public Works. On corner residential lots, a deduction of 50% of the total assessable footage taken on both sides of the lot shall be allowed the property owner. If the improvements are constructed in two stages, deduction will be taken on the second stage.

2.21 Temporary Housing. There will be no temporary housing during construction. Any construction will be limited to 120 days.

2.22 Grievance Procedure. All grievances shall be submitted in writing to the Ridgewood Heights Homeowners Association, which consists of all the homeowners in Ridgewood Heights. The homeowners Association has the right to interpet, but cannot change any item covered within this document. the homeowners association must reply within 30 days to the homeowner who submitted the grievance. If the homeowner is unhappy with the outcome, a grievance may be submitted in writing to the planning committee along with $50.00 to cover publishing fees. The planning Committee shall then conduct a hearing within thirty (30) days of the submission of the grievance. A Class 1 notice pursuant to Chapter 95, Stats., shall be published in the official newspaper specifying the date, time and place of the hearing and the matters to come before the Planning Committee. Notices of such hearing shall also be mailed to the parties of interest as directed by the Planning Committee. The Planning Committee shall shall conduct said public hearing. The Planning Committee shall mail a copy of it's written decision to the person or persons filing the grievance. The decision of the Planning Committee shall be final.

2.23 Violations. It shall be unlawful to build upon, divide, record or monument any land in violation of this chapter or the Wisconsin Statutes; and no person shall be issued a building permit by the City authorizing the building on, or improvement of, any subdivision, minor subdivision or replat within the jurisdiction of this chapter not of record as of the effective date of this chapter and amendments thereto until the provisions and requirements of this chapter have been fully met. The City may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes.

2.24 Penalties. Any person who violates any provision of this chapter shall be subject to a penalty as provided in sec. 20.04 of this Code.

1) RECORDATION, Recordation improperly made has penalties provided for in S236.30, Wis. Stat.

2) CONVEYANCE. Conveyance of lots in unrecorded Platt has penalties provided for in S236.31, Wis. Stats.

3) MONUMENTS. Monuments disturbed or not placed have penalties as provided for in S236.32, Wis. Stats.

Restrictive/Protective Covenants