PROTECTIVE AREA RESIDENTIAL COVENANTS of LAKE LOUISE LAKE ASSOCIATION
PREMISES: Franklin Township, Luzerne County, Pennsylvania
LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars. Except as shown under item 9 of these covenants.
- BUILDING COST, QUALITY AND SIZE: No dwelling shall be permitted on any lot at a cost of less than $18,000.00 based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenants to ensure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1,200 square feet for a one-story dwelling, not less than 1,800 square feet for a dwelling of more than one story, except as is subject to paragraph 18 of these covenants.
- BUILDING LOCATION: No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event no building shall be located on any lot nearer than 25 feet to the front lot line, or nearer than 15 feet to any side street line.
No building shall be located nearer than 10 feet to an interior lot line.
For the purpose of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.
- LOT AREA AND WIDTH: No dwelling shall be erected or placed on any lot having a width of less than 100 feet at the minimum building setback line.
- NUISANCES: No noxious or offensive activity shall be carried upon on any lot, nor shall anything be done thereon which may be an annoyance or nuisance to the neighborhood.
- TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently, except as is subject to paragraph 18 herein.
- SIGNS: no sign of any kind shall be displayed to the public view on thy lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the sign for property or for rent, or signs used by the builder to advertise the property during the construction and sales period.
- OIL AND MINING OPERATIONS: No oil or coal drilling, oil or coal 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 excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil, coal or natural gas shall be erected, maintained, or permitted upon any lot.
- LIVESTOCK AND POULTRY: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. However, existing barns and buildings in agricultural usage at the time of adoption of this covenant may be continued in such usage for the housing of horses and/or cattle, but not swine.
- GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
- SEWAGE DISPOSAL: No individual sewage disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the State Public Health authority. Approval of such system as installed shall be obtained from such Authority, and/or any other applicable authority.
- These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
- Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant to restrain violation or to recover damages.
- Invalidation of any one of these covenants by judgment or court order shall in no ways affect any of the other provisions which shall remain in full force and effect.
- Residents of this area shall have the right to use the private roadways as shown on the recorded plat, together with such other rights of way over other lands of the Grantor, its successors and assigns, may designate from time to time, for purposes of ingress, egress and regress in common with the Grantor, its successors and assigns and other persons to and from the public roads of Franklin Township and Luzerne County bordering and traversing the property. The granting of this right by the Grantor to the Grantee does not constitute a dedication of such private roadways to the public. The Grantor hereby reserves the right for itself, its successors and assigns, at any time, and from time to time, to such other location or locations as the Grantor or its successors or assigns may determine in its sole discretion.
- This agreement and covenants contained herein may be changed or amended by a majority of the lot owners at any time, by recording an agreement signed by said majority.
- USE OF LAKE LOUISE: Lake Louise Hills, Inc., Grantor herein, gives and grants to Grantees, their heirs and assigns, the right and privilege of boating, bathing, fishing and ice skating in the aforementioned Lake Louise provided, however, that this privilege shall be available only to lawful residents of Lake Louise Hills, and their immediate household, and further provided that no boats, canoes or ice boats shall be operated upon said lake by mechanical means; nor shall any of the foregoing activities be engaged in for any commercial purpose whatsoever.
- Notwithstanding anything herein to the contrary, Lake Louise Hills, Inc., Grantor herein, and its successors and assigns reserves the right and privilege to change or modify these Protective Residential Area Covenants, from time to time, in its sole discretion so long as it continues to own more than fifty (50%) per cent of the land area covered by these covenants and restrictions.