AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.
RESTRICTIONS AND COVENANTS 1. Use Said lots shall be used exclusively for residentia l purposes except those lots that may be designated, subjected to rezoning (if any) and z oned as business or commercial areas on the plats by Aquia Corporation.
2. Architectural Control Committee (a) All plans and specifications for any structur e or improvement whatsoever to be erected on or moved upon or to any lot, and the pro posed location thereof on any lot or lots, the construction material, the roofs and exterior c olor schemes, any later changes or additions after initial approval thereof and any re modeling, reconstruction, alterations, or additions thereto on any lot shall be subject to an d shall require the approval in writing before any such work is commenced of the Architectu ral Control Committee, as the same is from time to time composed and a Stafford County Bu ilding permit is required.
(b) The Committee shall be composed of three (3) members to be appointed by Aquia Corporation and any vacancies from time to ti me existing shall be filled by appointment of Aquia Corporation or in the event of Aquia Corporation’s failure to so appoint within two (2) months after any such vacanc y, then by the Board of Directors of the Aquia Property Owners Association, Inc., (hereinaft er called “Association”); provided, however, that at any time hereafter the Aquia Corpo ration may, at its sole option, relinquish to the Board of Directors of the Association the po wer of appointment and removal reserved herein by the Aquia Corporation. Such transfer of power must be evidenced in writing.
(c) There shall be submitted to the Committee two (2) complete sets of plans and
pointment and removal reserved herein by the Aquia Corporation. Such transfer of power must be evidenced in writing.
(c) There shall be submitted to the Committee two (2) complete sets of plans and specifications for any and all proposed improvement s, the erection or alteration of which is desired, and no structures or improvements of any k ind shall be erected, altered, placed or maintained upon any lot unless and until the final plans, elevations and specifications therefor have received such written approval as her ein provided. Such plans shall include plot plans showing the location on the lot of the b uilding, wall, fence or other structure proposed to be constructed, altered, placed or main tained, together with the proposed construction material, color schemes for roofs and exteriors thereof and proposed landscape planting.
(d) The Committee shall approve or disapprove pla ns, specifications and details within thirty (30) days from the receipt thereof. One (1) set of said plans and specifications details with the approval or disapproval endorsed t hereon, shall be returned to the person submitting them and the other copy thereof shall be retained by the Committee for its permanent files.
Aquia Harbour Property Owners Association, Inc.
Restrictions and Covenants Page 2 of 6 Pages (e) The Committee shall have the right to disappr ove any plans, specifications or details submitted to it in the event the same are n ot in accordance with all the provisions of these Restrictions; if the design or color scheme o f the proposed building or other structure is not in harmony with the general surroundings of suc h lot or with the adjacent buildings or structures; if the plans and specifications submitt ed are incomplete; or in the event the
ther structure is not in harmony with the general surroundings of suc h lot or with the adjacent buildings or structures; if the plans and specifications submitt ed are incomplete; or in the event the Committee deems the plans, specifications or detail s or any part thereof, to be contrary to the interests, welfare or rights of all or any part of the real property subject hereto or the owners thereof. The decisions of the Committee shall be f inal.
(f) Neither the Committee nor any architect or ag ent thereof or of the Aquia Corporation shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with t he foregoing provisions, nor for any structural or other defects in any work done accord ing to such plans and specifications.
(g) When a residence constructed on any lot has b een substantially completed and no suit has been filed with the purpose of enjoining t he construction thereof or seeking the enforcement of any of the foregoing provisions, the n it shall be conclusively presumed that such residence has been constructed in full complia nce with said provisions.
3. Building Restrictions: Size, Set Backs, Requi rements and Prohibitions (a) No residence shall have less than 1200 square feet of fully enclosed ground floor area devoted to living purposes (exclusive of roofe d or unroofed porches, terraces, garages carports, and other outbuildings).
(b) Not more than one single family dwelling hous e may be erected or constructed on any one lot, nor more than one building for gara ge or storage purposes and provided further that no building or structure of any kind s hall be erected prior to the erection of a dwelling house. If more than one lot is used for c onstruction of a dwelling house such
ses and provided further that no building or structure of any kind s hall be erected prior to the erection of a dwelling house. If more than one lot is used for c onstruction of a dwelling house such combined lots shall be considered as one lot for th e purpose of these restrictions. No accessory or temporary building shall be used or oc cupied as living quarters. No structure shall have tar paper, roll brick siding, or similar material on outside walls. No house trailer, campers, tents, shacks, or similar structure shall be erected, moved to or placed upon said premises. All building exteriors must be completed within six (6) months from the date the construction commences.
(c) No porch or projection on any part of any bui lding shall extend nearer than forty (40) feet to any private roadway rights-of-way, or nearer than ten (10) feet to the property line of any abutting property owner, nor within fif ty (50) feet from the mean high water line of Aquia Creek.
Aquia Harbour Property Owners Association, Inc.
Restrictions and Covenants Page 3 of 6 Pages (d) Any used or second hand materials to be emplo yed in construction shall be designed as such in the specifications and subject to the approval of the Architectural Control Committee. No used structure shall be loca ted or placed on any lot.
(e) Any building or structure on any lot in the s ubdivision which may be destroyed in whole or in part by fire, windstorm or from any oth er cause, must be rebuilt or all debris removed (and excavation refilled) and the lot resto red to a sightly condition with reasonable promptness, provided, however, that in no event sha ll such debris remain longer than six (6) months.
4. Nuisance and General Prohibitions and Requiremen ts
red to a sightly condition with reasonable promptness, provided, however, that in no event sha ll such debris remain longer than six (6) months.
4. Nuisance and General Prohibitions and Requiremen ts (a) No noxious, illegal or offensive activities s hall be permitted on any lot, nor shall anything be done thereon which shall be or become a n annoyance or nuisance to the neighborhood.
(b) No animals, fowl, or livestock shall be kept or maintained on said lot except a reasonable number of household pets.
(c) No signs of any kind shall be displayed on an y lot without the written permission of Aquia Corporation, or its successors or assigns.
(d) All lots must be kept in a tidy manner and ma intained in such manner as to prevent their becoming unsightly by reason of unatt ractive growth on such lot or the accumulation of rubbish or debris thereon. No stri pped down, partially wrecked, or junk motor vehicle or sizeable part thereof, and no bus or truck for storage purposes shall be permitted to be parked on any private roadway in th e subdivision or on any lot in such manner as to be visible to the occupants of the lot s within the subdivision. Failure to do so will result in the maintenance of said lot and/or r emoval of the herein described items by the Property Owners Association in which event a proper charge for same will be levied, and collected as provided in Restriction Number 7 hereo f.
(e) No lots shall be used as a dumping ground for rubbish. Trash, garbage and other waste shall be kept in sanitary containers. Any in cinerator or other equipment for the storage or disposal of such material shall be kept in a cle an, sanitary or sightly condition. During the construction of improvements, no trash shall be bur ned on any lot except in a safe
t for the storage or disposal of such material shall be kept in a cle an, sanitary or sightly condition. During the construction of improvements, no trash shall be bur ned on any lot except in a safe incinerator, and unless so burned, shall be moved b y the lot owner at his expense.
(f) There shall be no access to any lot on the pe rimeter of the Subdivision except from designated roadways within the Subdivision.
Aquia Harbour Property Owners Association, Inc.
Restrictions and Covenants Page 4 of 6 Pages 5. Boat Docks No boat docks, floats, or other structures extendi ng into Aquia Creek or its tributaries shall be constructed or placed into or on said Cree k, or its tributaries, without prior written approval of the Architectural Control Committee; al so required shall be compliance with the regulations of the United States Army Corps of Engi neers governing application for and issuance of permits for such structures.
6. Utility Easements Aquia Corporation, for itself, its successors, and licensees reserves a fifteen (15) foot wide easement along all private roadway rights of w ay and a ten (10) foot wide easement along the side and rear lines of each and every lot for the purpose of installing, operating, and maintaining utility lines and mains thereon, togeth er with the right to trim, and/or cut or remove trees and/or brush and the right to locate g uy wires, braces, and anchors whenever necessary for said installation, operations, or mai ntenance; together with the right to install, operate and maintain gas and water mains, sewer lin es, culverts and drainage ditches and other services and appurtenances thereto, for the c onvenience of the property owners, reserving also the rights of ingress and egress to such areas for any of the purposes
ts and drainage ditches and other services and appurtenances thereto, for the c onvenience of the property owners, reserving also the rights of ingress and egress to such areas for any of the purposes mentioned above. Exceptions: (1) where an owner of two or more adjoining lots constructs a building which shall cross over or through a common lot line, said common lot line shall not be subject to the aforementioned ten (10) foot ease ment unless it is shown on recorded plats; (2) no easement shall exist on that portion of any water front lot running along or abutting the shoreline of Aquia Creek or its tributaries unl ess shown on the recorded plats, except, however, Aquia Corporation, for itself, its success ors, assigns and licensees, reserves the right to cause or permit drainage of surface waters over and/or through said lots.
Aquia Corporation, its successors or assigns, rese rves an easement on, over or under all private roadway rights of way for the purpose o f installing, operating, and maintaining the above mentioned utilities and drainage. The owners of said property shall have no cause of action against Aquia Corporation, its successors, a ssigns or licensees, either at law or in equity, excepting in case of willful negligence, by reason of any damage caused said property in installing, operating, removing or maintaining t he above mentioned installation. Aquia Corporation, its successors and assigns, reserves a ll mineral rights to the land hereto.
Aquia Harbour Property Owners Association, Inc.
Restrictions and Covenants Page 5 of 6 Pages 7. Maintenance Fees, Limitation of Sales, Aquia P roperty Owners Association Incorporated.
Each lot owner in the Aquia Corporation Developmen t shall be subject to an annual
enants Page 5 of 6 Pages 7. Maintenance Fees, Limitation of Sales, Aquia P roperty Owners Association Incorporated.
Each lot owner in the Aquia Corporation Developmen t shall be subject to an annual charge of $60.00 which he agrees to pay to the Aqui a Property Owners Association, Incorporated, its successors and assigns, annually on the first day of July commencing in the year following the date of the Agreement to Purchas e, for the maintenance and upkeep of the private roadways and the various areas reserved for the use of the property owners, irrespective of whether the privileges of using suc h areas are exercised or not. Lot owner agrees that the use of any of the above mentioned a reas hall be subject to approval of lot owner, his heirs, executors or assigns, for members hip in Aquia Property Owners Association, Incorporated, as herein provided and t o comply with all rules and regulations from time to time promulgated by said Association. Lot owner, for himself, his heirs, executors and assigns, further agrees that the char ges set forth shall be and constitute a debt which may be collected by suit in any court of comp etent jurisdiction or otherwise, and that upon the conveyance of any part of the land describ ed herein, the purchase thereof and each and every successive owner and/or owners shall, fro m time of acquiring title, covenant and agree, as aforesaid, to pay the Aquia Property Owne rs Association, Incorporated, its successors and assigns, all charges past and/or fut ure as provide in, strict accordance with the terms and provisions hereof.
The Association shall have the right to suspend th e voting right (if any) and the right to use the recreational facilities of the Associati on of any member (or associate member):
provisions hereof.
The Association shall have the right to suspend th e voting right (if any) and the right to use the recreational facilities of the Associati on of any member (or associate member): (a) For any period during which any Association c harges owed by the member (or associate member) remain unpaid.
(b) During the period of any continuing violation of the restrictive covenants of the Subdivision, after the existence of the violation s hall have been declared by the Association.
(c) During the period that any bills for water an d sewer service rendered to the member (or association member) remain unpaid.
8. Water Supply, Sewerage, and Sanitation Requireme nts No outside toilet shall be allowed on the premises . No untreated waste shall be permitted to enter into Aquia Creek or its tributar ies. Each dwelling shall be serviced by the Central Water System and Central System provided, o r to be provided by the Aquia Sanitary District, or others. No individual water wells sha ll be allowed on any residential lot and each resident shall use the water supply from the public utility supplying water to the Subdivision.
Water and sanitary sewer utilities are available fr om and controlled by the Aquia Sanitary District.
Aquia Harbour Property Owners Association, Inc.
Restrictions and Covenants Page 6 of 6 Pages Connection to the water and sanitary sewer utiliti es as well as charges and fees for use are outlined in and regulated by an ordinance w hich has been or will be enacted by the Board of Supervisors of Stafford County, Virginia, and entitled, “An ordinance establishing an operating policy for the Aquia Sanitary District of Stafford County, Virginia,” and hereby incorporated in and expressly made a part of these restrictions by reference.
“An ordinance establishing an operating policy for the Aquia Sanitary District of Stafford County, Virginia,” and hereby incorporated in and expressly made a part of these restrictions by reference.
9. Covenants Running With the Land, Duration of R estrictions These restrictions shall be considered covenants r unning with the land shall bind all lot owners, their heirs, executors, administrations , successors and assigns until January 1, 2039. The restrictions contained in paragraphs 2 a nd 3 and the provisions of paragraph 7 as respects the amount of annual maintenance changes m ay be altered or amended after January 1, 1974, with the written consent of at least two-t hirds of the lot owners in Aquia Harbour Subdivision. All of the rest of the restrictions, including paragraph 7 except as to the amount of the annual maintenance charges, shall remain in effect as written until January 2039. It is the specific intent of these restrictions that all of the private roadways in Aquia Harbour Subdivision remain private and that the maintenance thereof shall be at the expense of the lot owners until January 1, 2039 or later.
Any lot owner, as well as Aquia Property Owners As sociation, Inc., shall have the right to bring suit in an appropriate court for an injunction to restrain any person violating or attempting to violate the foregoing restrictions an d for money damages resulting from such violations.
Invalidation of one or more of these restrictions by any court shall in no way alter or affect the other provisions hereof which shall ther eafter remain in full force and effect.