Declaration of Protective Covenants

DECLARATION OF PROTECTIVE COVENANTS,
RESERVATIONS, RESTRICTIONS, AND EASEMENTS OF
COTTAGES AT WILLETT BROOK

WITNESS THIS DECLARATION OF PROTECTIVE COVENANTS, RESERVATIONS, RESTRICTIONS, AND COMMON EASEMENTS, made this day of November, 2014, by Criterion Development, LLC, with an address of P.O. Box 50, Bridgton, Maine 04009, hereinafter referred to as the “Declarant”.

WHEREAS, Declarant has acquired by deed of Vista Investments, LLC dated October 10, 2014, and recorded in the Cumberland County Registry of Deeds in Book 31844, Page 117, a certain lot or parcel of land situated on South High Street, in the Town of Bridgton, County of Cumberland, and State of Maine, containing approximately 28.54 acres; and

WHEREAS, Declarant is in the business of developing and selling real estate situated in said Town of Bridgton and known as Cottages At Willett Brook Development and is more particularly described in a Plan of “Cottages at Willett Brook” made by Terradyn Consultants, LLC, dated August 28, 2014, approved by the Town of Bridgton Planning Board on September 4, 2014, and recorded in the Cumberland County Registry of Deeds in Plan Book 214, Page 329; and

WHEREAS, Declarant desires to provide for the improvement of Cottages At Willett Brook in accordance with a harmonious plan for the relative location of residential structures, garages, rights-of-way, easements, roads, common areas, and general land use, all to assure the purchasers of lots in Cottages At Willett Brook, its successors and assigns owning such lots, that the use, benefit, and enjoyment of the individual lots, common amenities, facilities, easements,and roads will not conflict with the harmonious plan; and

WHEREAS, the Declarant desires to create a residential area of Cottages At Willet Brook Development providing for the greatest possible degree of health, safety, environmental beauty, and amenity for the property owners and inhabitants thereof, and to effect the foregoing purposes, desires to subject the property to protective covenants and common easements and to the provisions for a homeowners association for the administration and enforcement of same, the maintenance and improvement of certain common facilities, and the establishment, collection and disbursement of assessments, all as set forth hereinafter, each and all of which are for the benefit of the property and of each lot of the protective covenants and easements hereinafter set forth, maintaining and improving certain rights-of-way and other common facilities, and otherwise carrying out the functions of a homeowners association and the provisions and objectives of this Declaration.

NOW, THEREFORE, Declarant hereby declares that the property shall be held, occupied, improved, transferred, sold, leased, and conveyed subject to the protective covenants and restrictions, the reservations and exceptions, the common rights and easements, and the provisions of a homeowners association hereinafter set forth, all of which are declared to be in furtherance of a uniform scheme for the development of the property and that said protective covenants, reservations, common easements, and provisions for a homeowners association are intended to enhance and protect the value and desirability of the property as a whole, to mutually benefit each of the parcels located thereon, to create mutual, equitable servitudes upon each of the parcels in favor of each and all other parcels therein and to create reciprocal rights and privities of contract and estate between all persons acquiring or owning any interest in any portion of the property including Declarant, and Declarant’s grantees, successors, administrators, and assigns and shall be deemed to run with the land and be a burden and benefit to and enforceable by all such persons, including Declarant, and Declarant’s grantees, successors, administrators, and assigns, and by the homeowners association.

ARTICLE I
Definitions

  1. Road. All roads and ways as shown on the Plan of Cottages at Willett Brook.
  2. Association. The homeowners association named Cottages At Willett Brook Homeowners Association, which Declarant has organized as a nonprofit corporation for the purpose of administering and enforcing the protective covenants and easements hereinafter set forth, maintaining and improving certain rights-of-way and other common facilities, and otherwise carrying out the functions of a homeowners association and the provisions and objectives of this Declaration.
  3. Declarant. Criterion Development, LLC, as aforesaid, and any successor to all of Declarant’s right, title, and interest in and to the property.
  4. Owner. The record owner, whether one or more persons or entities, of the fee simple title to any lot or parcel, but not including Declarant.
  5. Lot or Parcel. Any one of the numbered lots within the property as shown upon the Plan, which may hereafter be conveyed by Declarant.
  6. Plan. That Plan labeled “Cottages At Willett Brook,” dated August 28, 2014, approved by the Planning Board of the Town of Bridgton, Maine, on September 4, 2014, and recorded in the Cumberland County Registry of Deeds in Plan Book 214, Page 329

ARTICLE II
Supplemental Declarations

This Declaration may be amended from time to time by Supplemental Declarations duly executed by Declarant, or by the Cottages At Willett Brook Homeowners Association, pursuant to a vote of the owners in accordance with the Bylaws of the Cottages At Willett Brook Homeowners Association, and recorded in the Cumberland County Registry of Deeds. No such amendment shall render invalid any use of subdivision land within the property existing in accordance with this Declaration at the time of recording such Supplemental Declaration, and any such amendment shall be reasonably consistent with the uniform scheme of development established by this Declaration.

ARTICLE III
Reservations and Exceptions

There is hereby excepted and reserved to the Declarant, for so long as it shall own any portion of the numbered parcels, and thereafter to the Association the following:

  1. Road. A right-of-way for all purposes over, across and through the Road, together with the right to install and maintain utility poles and lines and water and sewer lines and drainage areas adjacent to, within or under the traveled portion of said roads.
  2. Common Areas. The right of access to, across, and through the common areas as shown on the Plan.
  3. Utilities. Declarant reserves the right to grant easements for utility purposes to enter onto any lot within fifteen (15) feet of the road lot line for the purpose of constructing, reconstructing, installing, replacing, and maintaining an underground or an above ground utility therein and to extend, connect to, and use in common any previously installed utility by the lot owner providing that promptly after such entry the surface of the ground shall be restored to substantially the same condition as it was in prior to such entry.
  4. Other. The right to exercise throughout the property any rights or powers hereinafter conferred upon the Association by amended Declaration.
  5. Declarant’s Remaining Lands. Irrespective of Declarant’s sale of any portion or all of the numbered parcels, Declarant reserves an easement and right-of-way over, across and through the Road for ingress and egress to Declarant’s remaining lands as shown on the Plan. Such easement shall be for all purposes, including the right to install, operate and maintain above-ground or underground utilities along the Road, for the benefit of and appurtenant to Declarant’s remaining lands.

    ARTICLE IV
    Common Rights and Easements

     Each conveyance of a parcel shall be deemed to include as appurtenant to said parcel, subject to such reasonable regulations as may be established from time to time by the Association, the following:

  1. Access. A right-of-way for all purposes over and along the Road, in the subdivision, as said is shown on the Plan of the Subdivision, in common with Declarant and in common with the owners of the other parcels.
  2. Common Areas. A right of reasonable use of the common areas, including any and all areas, for purposes of passive and active recreation, provided that no improvements shall be made except as authorized by the Planning Board of the Town of Bridgton. The Association shall have the power and duty to set rules and regulations concerning the use of said common area, if any.

    ARTICLE V
    Protective Covenants and Restrictions

    1. Residential Use. No parcel shall be improved or used except for single family residential purposes, with no more than one principal residence and improvements accessory thereto. All houses shall be erected with a continuous foundation and shall include a heating system for year-round occupancy.
    2. Occupancy Restrictions. The Cottages At Willett Brook Development shall be subject to an “Age 55 or Older” covenant pursuant to the U.S. Housing for Older Persons Act of 1995 (42 U.S.C.§3601 et seq.), and the Maine Human Rights Act (5 M.R.S.A. §4581) and the regulations adopted pursuant thereto (the “Legal Requirements”), whereby the occupied Lots must at all times be occupied by at least one (1) Permanent Resident who is 55 years of age or older (a “Qualified Resident”) during the time a Lot is occupied, provided however that in the event of the death or divorce of the person who was the sole Qualified Resident, then the surviving spouse or any other resident of the Lot at the time of death or divorce may remain in occupancy so long as not more than 20% of the Lots are so occupied as further set forth in the Legal Requirements.
      A “Permanent Resident” is a person who occupies the Lot for at least six (6) months of the year, or such shorter period as a unit is actually occupied. The Association shall adhere to policies and procedures that demonstrate the intent required to provide housing for older persons and the Association shall comply with rules issued by the Secretary of Housing and Urban Development and the Maine Human Rights Commission for verification of the age 55 occupancy. Each resident is required to cooperate in demonstrating compliance with the foregoing residency restrictions.Children under the age of 18 may visit but may not become an occupant. A person will be deemed an occupant of a Lot if he or she stays overnight in the Lot for more than 21 days in any calendar year.These provisions shall restrict occupancy and not ownership of a Lot. Every lease or sales contract shall prominently disclose the foregoing occupancy restriction. Failure to comply with the foregoing requirements shall be an event of default under the lease.The Association may adopt rules and regulations implementing and interpreting the foregoing requirements, including waivers to the foregoing requirements, provided that at least eighty percent (80%) of the Lots are occupied by Qualified Residents.
    3. Prohibition on Subdividing Land. No Lot or Parcel shall be subdivided except for the purpose of conveying portions of a single lot to abutting lot owners for the purpose of increasing the lot size of said abutting lot owners or to correct boundary line locations.
    1. Road Maintenance. The Declarant shall construct the roadways designated on the Plan in accordance with the Plans and specifications approved by the Planning Board for the Town of Bridgton. Thereafter, the Association shall have the right, duty, and obligation to maintain the roadways.
    2. Snow Removal. Snow removal costs shall be divided fairly and equally by and paid by all inhabitants for the pending winter season as of October 1st. An inhabitant is defined as a homeowner, lot owner, or builder planning to use the road for the winter season. All money is due by October 15th each year payable to the snow contract coordinator.Notwithstanding any forgoing provisions regarding the allocation of expenses, if any maintenance or repair of the road is necessitated by the act of any owner (present or Future) of a lot accessed by these roads or by the act of any such owners employees, guests, invitees, contractors, or agents, and such maintenance or repair is not due to normal wear and tear of roadways and is not due to a defective condition of the roadway, the costs of such maintenance and repair shall be borne solely by such owner. Specifically and not by way of limitation, if during the period of construction on a lot, the roadway is damaged because of construction vehicles on such lot, then the cost of repairing such damage shall be borne solely by the owner of such lot.
    3. Design of Dwelling. The design of residential dwelling and other acceptable buildings, including, but not limited to, materials, colors, textures, building shape, roof lines, window treatment, and site orientation shall be of a character harmonious with the natural beauty of the Cottages At Willett Brook Development environment.On all lots the principle residence to be build must have at least ____ square feet of habitable space. Basements, garages, carports, porches (screened or otherwise) sloops, and terraces do not count as habitable space. There will be no trailers or mobile homes allowed. All houses shall be erected with a continuous foundation and shall include a heating system for year-round occupancy. Garbage disposals are prohibited. No additions or alterations are permitted. When any building elements need to be replaced, materials of similar size, color and style shall be used. In the event of destruction of a dwelling, the dwelling shall be rebuilt using the original plans and, to the extent possible, the same window sizes and type of materials as the original dwelling.
    4. Maintenance. All parcels, including the common areas and walking trails, shall be maintained in a neat, attractive manner and kept in good repair. Every domestic water supply system and sewage disposal system shall be kept and maintained in compliance with all federal, state, and local requirements and in compliance with the provisions of this Declaration.
    5. Exteriors. Propane tanks shall not be visible from the road which fronts the dwelling. No clotheslines are permitted. Any additional landscaping on any lot shall require the approval of the Declarant so long as the Declarant owns a lot in the Cottages At Willet Brook Development; thereafter, additional landscaping shall require approval of the Association.
    6. Surface Water. No owner of a lot, his agents, or successors in interest shall alter the natural course of surface water on any lot in a way which would alter the natural flow of such water across any other parcel, unless such alteration is approved by the owners of all parcels affected.
    7. Compliance with Ordinances. All construction activities, including the siting of buildings, septic systems, and water supply shall be in accordance with all local, state, and federal laws, codes, ordinances, and regulations.
    8. Animals. The keeping of poultry, swine, dog kennels, livestock, or other animals shall not be permitted on the property except household pets normally housed in a single family residence.
    9. Siding and Roofs. No dwelling or other building erected on any lot will be covered with tar paper, asphalt siding, or corrugated metal siding but shall be covered with clapboards, shingles or other suitable material. Roofs of all buildings erected on any lot shall be pitched. The installation of shutters shall require the approval of the Declarant so long as the Declarant owns a lot in the development; thereafter, shutters shall require the approval of the Association.
    10. Trash. Trash, garbage, and other waste shall be kept in sanitary containers where they are not visible from the road or any other parcel.
    11. Tree Cutting. Any cutting of trees shall be done in compliance with the Plan. This section shall not preclude the removal of diseased or naturally damaged trees.
    12. Completion of Construction. Any construction, including landscaping, commenced on any lot shall be completed within a period of 12 months from the date construction originally commenced. The Association shall have the right to set, assess, and levy fines for violation of this section.
    13. Unregistered Motor Vehicles. No unregistered motor vehicles may be kept outside on any property located in the subdivision, but may be stored in a garage. No house trailer, business or commercial vehicle, or vehicle of similar nature shall be brought upon, or be maintained, or be permitted to remain on the property except a business vehicle normally used by a lot owner in his or her occupation may remain on the property provided said vehicle is parked in an enclosed garage. Spaces in the RV/Boat storage area are available on a first come, first serve basis. No owner shall occupy more than one space without approval of the Association.
    14. Tractor Trailers. No tractor trailers may be kept on any property located in the subdivision.
    15. Signs. As long as the Declarant owns a lot in the development, “For Sale” signs shall not be permitted on any lot or home not owned by the Declarant.
    16. Water Supply. The water supply for each lot shall be provided by means of public water supply
    17. Compliance with Stormwater Management Report. The Cottages At Willet Brook Development shall comply with the maintenance requirements of the Stormwater Management System in accordance with the Stormwater Management Report approved by the Maine Department of Environmental Protection. The owner of the proposed Cottages At Willett Brook Development is Vista Investments, LLC. The owner’s address is P.O. Box 50, Bridgton, Maine. The maintenance of the stormwater management structures will be the responsibility of the owner. Until that time, the Declarant will assure that the following maintenance plan is adhered to.

    The owner or operator of the proposed project will be responsible for the maintenance of all stormwater management structures, the establishment of any contract services required to implement the program, and the keeping of records and maintenance log book. Records of all inspections and maintenance work accomplished must be kept on file and retained for a minimum 5 year time span. The maintenance log book will be made available to the DEP upon request. At a minimum, the appropriate and relevant activities for each of the stormwater management systems will be performed on the prescribed schedule.

    Inspection & Maintenance Tasks:

    NOTE: The following instruction are excerpts from the Maine Department of Environmental Protection’s Stormwater Management for Maine, Volume III BMPs Technical Design Manual, dated January 2006.

    Conveyance & Distribution Systems: (Stormwater Channels & Culverts, etc.)

    1. Mowing: Grass should not be trimmed extremely short, as this will reduce the filtering effect of the swale (MPCA, 1989). The cut vegetation should be removed to prevent the decaying organic litter from adding pollutants to the discharge from the swale. The mowed height of the grass should be 2-4 inches taller than the maximum flow depth of the design water quality storm. A minimum mow height of 6 inches is generally recommended (Galli, 1993).
    2. Routine Maintenance and Inspection: The area should be inspected for failures following heavy rainfall and repaired as necessary for newly formed channels or gullies, reseeding/ sodding of bare spots, removal of trash, leaves and/or accumulated sediments, the control of woody or other undesirable vegetation and to check the condition and integrity of the check dams.
    3.  Aeration: The buffer strip may require periodic mechanical aeration to restore infiltration capacity. This aeration must be done during a time when the area can be reseeded and mulched prior to any significant rainfall.
    4. Erosion: It is important to install erosion and sediment control measures to stabilize this area as soon as possible and to retain any organic matter in the bottom of the trench.
    5. Fertilization: Routine fertilization and/or use of pesticides is strongly discouraged. If complete re-seeding is necessary, half the original recommended rate of fertilizer should be applied with a full rate of seed.
    6. Sediment Removal: The level of sediment deposition in the channel should be monitored regularly, and removed from grassed channels before permanent damage is done to the grassed vegetation, or if infiltration times are longer than 12 hours. Sediment should be removed from riprap channels when it reduces the capacity of the channel.Roadways & Parking Surfaces:Paved surfaces shall be swept or vacuumed at least twice annually in the Spring to remove all Winter sand, and periodically during the year on an as-needed basis to minimize transportation of sediment during rainfall events.
    7. Level Spreader Replacement: The reconstruction of the level spreader may be necessary when sheet flow from the spreader becomes channeled into the buffer.

Buffers:

  1. Inspect resource and treatment buffers at least once a year for evidence of erosion, concentrating flow, and encroachment by development.2. Management of a buffer’s vegetation must be consistent with the requirements in any deed restrictions for the buffers.
  2. Wooded buffers must remain fully wooded and have no disturbance to the duff layer.
  3. Vegetation in non-wooded buffers must be cut no more than three times per year and no shorter than six inches.
  4. Erosion within a buffer must be repaired as soon as practicable. If flows are concentrating within the buffer, site grading, level spreaders, or ditch turn-outs must be used to ensure a more even distribution of flow into the buffer.
  5. Check downslope of all spreaders and turn-outs for erosion. If erosion is present, adjust or modify the spreader’s or turnout’s lip to ensure a better distribution of flow into the buffer.
  6. Clean-out any accumulation of sediment within the spreader bays or turn-out pools.

    Stormwater Retention & Detention Systems:

    1. A legal entity should be established with responsibility for inspecting and maintaining any underdrained filter. The legal agreement establishing the entity should list specific maintenance responsibilities (including timetables) and provide for the funding to cover long-term inspection and maintenance.

    2. Inspect the embankments for settlement, slope erosion, internal piping, and downstream swamping. A professional engineer must review these immediately.

    1. Mow the embankment to control woody vegetation.
    2. Inspect the outlet control structure for broken seals, obstructed orifices, and plugged trash

    racks.

    1. Remove and dispose of sediments and debris within the control structure.
    2. Repair any damage to trash racks or debris guards.
    3. Mow vegetated spillways to control woody vegetation and replace any dislodged stone in

    riprap spillways.

    8. Remove and dispose of accumulated sediments within the impoundment and forebay.

    Maintenance-Log-Sheet

    ARTICLE VII
    Cottages At Willett Brook Homeowners Association

    The owner of each parcel within the property, or his heirs, successors, or assigns, shall automatically, during the period of his ownership and by virtue of said ownership, be a member of the Association so long as he retains title to any parcel on the Plan.

    1. Purposes. The purposes of the Association shall be the operation and maintenance of the roads in the subdivision, common drives, the dry hydrants servicing the subdivision, and any other common facilities of limited or general use located within the common areas; the administration and enforcement of the protective covenants and easements set forth in this Declaration; the general protection of the property; and the performance of any functions relating to the use, maintenance, or improvement of the property required by this Declaration or which may be approved by vote of the owners.
    2. Bylaws. The Association shall be organized and operated pursuant to the Bylaws of Cottages At Willett Brook Homeowners Association, which Bylaws shall be recorded in the Cumberland County Registry of Deeds, as amended from time to time by the Association. A copy of the Bylaws is attached hereto as Exhibit A.
    3. Voting. Each owner, by virtue of his ownership of a parcel, shall automatically be entitled to the votes as provided for in the Bylaws of the Homeowners Association.
    4. Assessments.
      1. Each owner shall be assessed by the Association, at least annually, a fee covering his share of the net costs of carrying out the functions and purposes of the Association. The fees shall be computed and collected in accordance with the Bylaws of the Association. The collection of the assessments may be made in advance and limited reserves may be maintained in order to ensure that the purposes and obligations of the Association are carried out in a timely manner.
      2. Such assessments as collected by the Association shall include any municipal taxes as charged against the common areas or the roads. Each owner shall pay a share of such tax proportionate to the number of parcels owned by him.
      3. Such assessments, together with interest thereon, and cost of collection as provided in said Bylaws shall be charged upon each parcel of the owner against whom each assessment is made. If any assessment is not paid when stated to be due, then such assessment shall become delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest at the rate of eighteen (18) percent per annum from the due date and any owner or owners, or the Association, may have a lien against the lot so assessed which may be enforced in the same manner and with the same force and effect as a mechanics lien filed pursuant to 14 M.R.S.A. et seq. In the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and reasonable attorney’s fees to be fixed by the courts, together with the costs of the action.
      4. Upon the purchase of a lot in the development, the purchaser shall pay the sum of $250.00 as an initial fee to the Homeowners Association.
      5. Declarant shall not be obligated to pay assessments on unsold lots or homes, provided, however, that Declarant shall pay a proportionate share of landscape maintenance and snow removal. Such share will be calculated by dividing the total number of lots being maintained by the number of units owned by the developer that are being maintained.

    e. Road Maintenance Requirements. The roads shall be repaired and maintained to safe and passable standards for two wheel drive vehicles. The roads shall be kept in at least the condition established by the Town of Bridgton pursuant to its approvals of the Cottages At Willett Brook Development. Such plans being on file with the Town of Bridgton.

    IN WITNESS WHEREOF, Criterion Development, LLC have executed this instrument this ____day of November, 2014.

    WITNESS

    Criterion Development, LLC

    By:
    _______________________, Manager

     

    STATE OF MAINE, Cumberland, ss.                       November__, 2014
    Then personally appeared the above-named, ____________, Manager of Criterion Development, LLC, and acknowledged the foregoing instrument his free act and deed in his said capacity.

    Before me,

    _______________________________
    Notary Public/Attorney at Law Printed Name:
    My Commission Expires

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