Covenants

LAND COVENANTS

  1. All driveway and site circulation shall be done using existing grades to accomplish the least amount of site disruption as would otherwise result from blasting, excessive grading, excavating, and filling.  All driveways shall be gravel.
  2. All soil that is removed for any reason shall be stockpiled off site on a designated area on the sellers land and will be available for reuse when needed.
  3. All stone walls must be retained.
  4. Existing rock outcrops and boulders shall all be retained to protect their beauty, as well as the lichens, mosses, and ferns that exist on their surface.
  5. Site grading shall be minimal to protect and maintain existing ground covers such as mosses, lichens, ferns, wild flowers, native shrubs, and trees.
  6. All tree removal, planting, and pruning shall be subject to the review, and approval by the Declarant.  Some pruning and tree removal can be done to open a view, and the Declarant shall work with the home owner to accomplish this goal.
  7. The house site and the siting of any other building shall be designed using existing grades to eliminate the need for blasting, excessive filling, or soil removal.  It shall be important not to obscure the viewscape of a neighbor.  All foundations shall be concrete slab or posts.  Basements are discouraged.  If a basement is proposed, the size and location must be approved by the Declarant and if approved, the soil from that particular excavation must be hauled off the site so as to protect the natural amenities of the site, preserve the ground cover, and prevent unsightly and unnecessary piles remaining on the site.  Soil needed for backfill shall be hauled in from the designated holding area on the seller’s site.
  8. Swimming pools and tennis courts are discouraged.
  9. Invasive exotic plantings are prohibited so as to favor the growth of noninvasive and native species.
  10. Meadows cut once or twice yearly and woodland with native groundcovers and shrub understories are encouraged.  Any lawn shall be minimal, containing low maintenance fescues to reduce the need for mowing and water.  No leaf blowers or string trimmers are allowed. NO CHEMICALS shall be used, organic treatments only.
  11. All outdoor steps must be made of natural stone or wood, no concrete.
  12. So as to accomplish the most advantageous site position for the owner, the site and the neighbors, all proposals for small additions or outbuildings, including hot tubs, saunas, tool sheds, studios, gazebos, pergolas, decks, porches, patios, garages, or any other building must have the approval of the Declarant.
  13. Landscape architectural consultation by the Declarant, or his heirs, shall be included with the purchase of each parcel for all of the above.  Future or other landscape proposals shall require the approval of the Declarant.
  14. Boats over 20’ shall be stored off site.  Smaller boats, as well as canoes, kayaks, skiffs, can be stored on site but it shall be necessary to consult with the Declarant so that it does not create an eyesore for the neighbors.
  15. Brown tarps only; no blue, white, clear, or green.
  16. Burning branches or dead wood only with permit from Phippsburg Fire Department; the environment must be moist and there should be no wind.  Water supply from hose must be available at burn site.

BUILDING COVENANTS

  1. Building permits for the primary dwelling, as well as for the garage, or for any other out building must be obtained from the Codes Enforcement Officer; permits for the building of the septic system must be obtained from the Plumbing Inspector.
  2. Trailers, shacks, mobile homes, recreational vehicles, or other similar structures shall not be permitted to be used as a residence.
  3. Total livable space shall not exceed 1800 square feet, including the screened porch.  Smaller is encouraged for ecological efficiency and so that the dwellings will blend into the natural environment of the forest and allow nature to dominate.
  4. Modular homes must have the approval of the Declarant.
  5. The lot owner shall consult with the Declarant and have his approval on the selection of a house site.  All buildings shall be designed into the existing grades to eliminate the need for blasting, excessive filling or soil removal.  The house shall be sited so as to create minimal disturbance to the land.  It is important not to obscure the viewscape of a neighbor.
  6. The foundation shall be concrete slab or posts.  Basements are discouraged.  If a basement is proposed, the size and location shall be approved by the Declarant, and if approved, the soil from that particular excavation, or any soil from the construction of the slab or the placement of the posts shall be hauled off the house site to a designated area on the seller’s land, so as to protect the natural topography of the site, preserve the groundcover, and prevent unsightly and unnecessary piles from remaining on the site.  Soil needed for backfill shall be returned from the designated holding area.
  7. Building height shall not exceed one and one-half stories or 12-15 feet to the eaves.
  8. All property line setbacks are governed by Phippsburg Land Use Ordinance.
  9. Hard-wired smoke alarms are required.
  10. All homes shall be built using LEEDS standards and materials.
  11. Roofs shall be of natural cedar shingles, slate, metal (terne metal, natural warm gray, green, or red), sod, asphalt architectural shingles (warm dark gray, dark green, dark brown, dark red) and must have the approval of the Declarant.
  12. Siding for all buildings shall be cedar clapboards and/or cedar shake shingles left to weather naturally, (clear preservative is permitted), and/or stone, and/or old brick, and/or putty colored stucco (no other color).  Any other proposed material must be approved by the Declarant.
  13. All building trim and doors shall be natural wood, or stained or painted with colors that will blend with nature.  The following colors shall be used: medium putty, earthy green shades, subdued blues, dull purples, barn reds, most dark tones, no white or pastels or intensely bright colors.  All colors must have the approval of the Declarant.
  14. All chimneys must be installed so as not to create a hazard to other lot owners and shall incorporate wire mesh screening or other spark arresting device; they must be constructed of stone, brick, putty colored stucco, or insulated metal pipe.
  15. Decks may be added but must have the approval of the Declarant.
  16. Garages shall be a separate building and shall not exceed 500 square feet.  The home owner must consult with the Declarant to site the garage and it must be designed in the same vernacular, style, materials and color as the main building and in accordance with the covenants for land and architecture.  Excess soil from the construction of the slab must be hauled off site to a designated area on the seller’s land.  Plans must be approved in writing by the Declarant.
  17. The homeowner must consult with the Declarant regarding the siting of all assessory buildings; which must not disturb the view of any neighbor.  Each shall be of the same vernacular, style, materials, and colors, as the main building, and shall be constructed in accordance with the same covenants for land and architecture as the main building regarding minimal site disturbance, and process.  Any excavated soil must be hauled offsite to a designated area on the seller’s land and returned when needed.  All plans for any outbuilding shall have the approval, in writing, from the Declarant, and then a building permit must be obtained from the Codes Enforcement Officer.
  18. All fences and walls must be approved by the Declarant in writing.  Fences may be for a small garden or dog pen, and not larger than 2000 square feet.  They shall harmonize with the land, the buildings, or be invisible (i.e. green wire farm fence).  They shall be natural weathered wood, no plastic, or a color approved in writing by the Declarant,  no white is permitted.  Walls may be natural stone, no concrete.  Linear fences that prohibit the natural flow of wildlife, including boundary fencing, are prohibited.
  19. Electricity phone lines, or other cables from the road shall be buried to the main house and to all garages and outbuildings with as little disruption to the site as possible by using a ditch-witch or a hand digging; no back hoes.
  20. Terraces shall be constructed of natural stone or materials allowing percolation, no concrete. All must be approved by the Declarant, in writing.
  21. All final building plans (for the main house or for any out building or any addition) and all landscape plans must have the approval of the Declarant, or his heirs, in writing before construction can begin.  After such written approval and before construction can begin, a building permit must be obtained from the Codes Enforcement Officer.
  22. Any future expansion to the main house or to any out building must proceed by first consulting with the Declarant.  It must be designed to blend into the natural site as do the existing buildings; it must harmonize with the existing materials, vernacular, colors, and style, and in accordance with the process inherent with the covenants for the land and the architecture.  Expansion shall be minimal: such as, adding dormers instead of raising the entire roof, using posts or cantilevers instead of using a solid foundation, closing in porches, adding porches, adding a small wing (max 400 sq. ft.) perpendicular to the main mass of the existing building.  There shall be no blasting, no excessive excavation, no fill, and all rocks and ground covers must be preserved during the construction process.  Any excavated soil must be hauled offsite and returned if needed.  It shall not interrupt the viewscape and privacy of the neighboring properties.  Final plans must have the written approval of the Declarant and then a building permit from the Codes Enforcement Officer before construction can begin.
  23. All lot owners must belong to the Homeowners Associateion, pay annual dues for road maintenance, for trail maintenance, and for other functions agreed to by the members. (See Article V z for exemptions for Lot 6 and Lot 7.)
  24. No outdoor spot lights or exposed bulbs are permitted; all outdoor lighting must be approved by the Declarant.