The developers at Wildwood Subdivision have a clear commitment to creating a well-planned and well-built community of country properties. This started in the earliest planning stages when the quality of each home site took precedence over the potential number of lots in the subdivision.
Site-use and construction covenants are designed to protect investment.
- These covenants shall run with, apply to and bind the land for a period of fifty (50) years from the signing of the Declaration unless mended, rescinded or revoked by the Grantor and a majority of the lot owners in the subdivision. Failure to specifically refer to and include or incorporate this Declaration of Protective Covenants in deeds to tracts of the Subdivision shall not in any manner affect the validity and effectiveness of these restrictions upon any lot made subject to said covenants by this Declaration.
- No single lot as shown on Plan No. 11759 may be further subdivided.
- Lots shall be used only for residential, non-commercial farming, or managed timber lot purposes. No buildings shall be erected, altered, placed or permitted to remain on any lot other than one single-family dwelling including at least a two (2) car garage; and appropriate barn and farm buildings. Construction of the primary residence shall be completed within 365 days of the start of clearing for the foundation.
- No residence, garage, fence, screen or other structure or amenity shall be erected until plans have been submitted to and approved in writing by the Grantor or her designee, successor, or assigns, which approval shall not be unreasonable withheld. Said plans shall include, but not be limited to, the primary structure, landscaping, external decorations, including exterior color and harmony of external design with existing structures located in the Subdivision, location with respect to topography and finish grade elevation.
- Lot grades shall not be changed in such a way as to dam or divert the natural flow of water onto adjoining properties, or to flood, or damage public roads and common drainage systems.
- No building or structure shall be erected closer than 50 feet to any lot line.
- No temporary buildings shall be erected or placed on the lot except during the active phase of construction.
- The marsh lands shall be left in a state suitable for preservation of the natural wildlife habitat. No motorized vehicles or equipment shall be permitted at any time in or on the open wetland.
- Easements for installation and maintenance of utilities and drainage facilities are reserved.
- No outside toilets or lavatories shall be permitted.
- No incinerators shall be erected or maintained on any lot.
- No trash, waste, or filth shall be allowed to accumulate on the lot so as to create an unsightly appearance or create a nuisance.
- No more than one unregistered vehicle or farm machine may be left on the lot no under building cover.
- No mobile home or trailer may be used as a residence on any lot.
- No permanent tenting shall be permitted.
- No noxious or offensive activity shall be suffered or permitted, no unsightly objects shall be displayed and nothing shall be done upon any lot or in any area of the Subdivision now or hereafter subject to this Declaration which may be or later become an annoyance or nuisance to or danger to the health or detract from the quiet enjoyment of his lot by any lot owner.
- No mortgage or deed of trust in good faith and for value upon a lot of the Subdivision shall be defeated or rendered invalid by any breach of a Protective Covenant as to said lot. In the event of any mortgage foreclosure, said Covenants shall be binding upon the mortgagee as well as any new owner of said tract acquired through foreclosure, trustee’s sale or otherwise.
- The restrictions set forth herein are made for the benefit of the Grantor and her personal representatives, heirs, devisees and assigns, as well as for any lot owner of all or part of the Subdivision. All persons having an interest in said restrictions and referred to in this paragraph have the right to stop or prevent the violation of said restrictions by injunction or other lawful procedure.
- The failure to enforce any restriction herein, however long continued, shall not be deemed laches or a waiver of the right to enforce thereafter these restrictions as to similar or other violations, or as to the same continuing breach or violation.
- The Grantor and her representatives, successors and assigns, reserve the right, to herself, agents, employees, contractors and subcontractors, to enter upon
And such entry, abatement, or removal shall not be deemed a trespass, conversion or other actionable wrong.
- a. The unsold lots covered by these restrictions for the purpose of carrying out and completing the development of the Subdivision, and
- b. The lots to abate, remove, or correct any violation of these restriction that has not been corrected within a reasonable time after notice and opportunity to cure,
- Invalidation of any of these restrictions by a court of competent jurisdiction shall in no way effect or invalidate any of the other restrictions which shall remain in full force and effect. IN the event of a conflict between the restrictions set forth herein and the ordinances or regulations of the Town of Hopkinton, New Hampshire, it is understood and agreed that said ordinances and regulations shall take precedence over these restrictions.
- Notwithstanding anything to the contrary contained herein, the Grantor, her representatives, successors, or assigns, shall have the right but not the obligation to waive any of the restrictions contained herein, so long as any such waiver does not violate the spirit and intent of these restrictions. Upon submission in writing to the Grantor of a request to so waive a restriction, the Grantor shall review same and render a decision in writing to the party so requesting a waiver. Her judgment to so waive or not to waive shall be guided by the spirit and intent of these restrictions and shall be brining upon all parties. A decision to waive any restriction contained herein shall be an individual decision and shall in no way affect or invalidate any of the other restrictions which shall remain in full force and effect.