RESTRICTIVE AND PROTECTIVE COVENANTS AND CONDITIONS FOR HAWKE CREST ARE AS FOLLOWS: 1. LOT: The word "Lot" as used herein shall mean the separately numbered parcels depicted on the above-mention plat slide. Said Lot shall not be subdivided. 2. Land Use and Building Type: No structure shall be erected, altered, placed or permitted to remain on any Lot other than for use as a single-family residential dwelling and only one single-family residential dwelling shall be erected or permitted to remain upon any Lot. No single-wide mobile homes, shall be placed or permitted on any Lot. A private garage, outbuildings as herein expressly permitted can be erected if set back 35 feet from the edge of the development road right-of-way. No outbuilding shall be erected upon any Lot unless it is incidental to the residential use of said Lot. 3. Dwelling Constriction: All homes shall be either “Stick Built” on site or "Off-Frame Modular Homes", having a minimum 5/12 pitch roof. Developer reserves the right to review and approve the plans of all proposed homes. 4. Dwelling size: (a) Any one-story dwelling erected upon any Lot shall contain not less than 1,400 heated square feet, exclusive of open porches and garages. (b) Any two-story dwelling erected upon any Lot shall contain not less than 1,600 heated square feet, exclusive of open porches and garages. (c) Developer reserves the right to review and approve all plans. 5. Foundations: All shall have dressed masonry or brick skirting as foundations. This includes full height of exposed basement walls. All masonry steps and platforms facing the Subdivision Street must also be dressed masonry or skirted in brick. Masonry front landings must be a minimum of 6 x 4 ft. All wooden decks and porches on the front of the home that are not an original part of the home design, must be approved by the Developer. Rear wooden decking will be constructed of pressure treated lumber and must meet local municipal building codes. 6. Construction: (a) All outside construction work, grading and cleaning up of unused materials shall be completed within a period of six (6) months, from the date of commencement of construction. (b) The owner of each Lot shall take all necessary precautions to guard against erosion on his or her Lot during any grading or construction and after completion of construction. (c). Construction of driveways must accommodate and include a minimum of fifteen-inch (15) diameter or greater culverts at the intersection with the subdivision road, which shall be to place to allow for the continued flow of run off along the road ditches. The culvert must be installed at commencement of construction and must meet North Carolina Department of Transportation requirements. (d) All driveways must be either stoned or paved from street to parking area and/or garage. (e) Each lot owner will be held libel for any damage done to subdivision roads by construction equipment, well drilling rigs, cement trucks or any other large vehicle used in the construction process of their home. 7. Setback Lines: The building line of any dwelling house and the buildings appurtenant thereto constructed on any of the subdivision Lots shall not be less than 35 feet from the edge of the subdivision road right of way, on which the dwelling fronts, and not less than 30 feet from either side line and not less than 30 feet from the rear line. The outer edged of any driveways entering a side facing garage must be at least 15 feet from the side line of the Lot. In the event that adjoining Lots are purchased by one owner the Lot lines, for the purpose of these restrictions, shall be the outside perimeter of the entire continuous tract owned by that property owner. 8. Road Maintenance: It is understood and agreed that all Lot owners shall be responsible and share equally with the other property owners all costs associated with the maintenance and upkeep of Hawke Crest Road until such time as maintenance of said street or roadway shall be taken over by the North Carolina Department of Transportation. 9. Lot Maintenance: It will be the Lot owners responsibility to maintain their entire parcel. Specifically, this will include mowing the grass on the entire Lot including the shoulder of the subdivision road up to the edge of the pavement, removing any dead trees or shrubs, and generally maintaining a clean and orderly appearance for the property 10. Garbage and Refuse Disposal: No Lot shall be used or maintained in an unsightly manner or as a dumping ground for rubbish, trash or debris. Rubbish, trash, debris, garbage and other waste shall be kept only in sanitary containers. Any trash stored outside must be kept in sealed containers. No trash bags may be stacked outside waiting removal. Continued on Next Page |
| The items listed below are not intended to limit the individual use of your new homesite but are designed to protect the nature of the community, such as, the type of building that can be constucted and the general maintenance of the parcels. Similar regulations are found in almost all subdivisions in Henderson County. If you have any questions on any specific item please feel free to give us a call at 828-685-3811 |