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Lake Subdivision Protective Covenants
WEIDEN LAKE PROPERTY OWNERS ASSOCIATION,
The grantee, his, her,
or their heirs and assigns shall conform to and comply with all
required rules and regulations promulgated by Weiden Lake Property
Owners Association, Inc., its Successors and Assigns. The hereby granted
lot or lots or any part thereof, and the buildings now thereon erected
or which may be erected or which may hereinafter be erected shall be
and remain subject to the following Covenants, Conditions, and Restrictions:
- It is understood
and agreed that the grantee herein, his, her, or their heirs and
assigns shall pay the Weiden Lake Property Owners Association, Inc.,
its Successors and Assigns, the annual charge of $125.00 for the use,
maintenance and enjoyment of and recreational areas and facilities owned
and provided by the Weiden Lake Property Owners Association, Inc. Said
charge is payable forthwith either annually or monthly as determined
solely by the Weiden Lake Property Owners Association, Inc. Said charge
may be increased or decreased by the Weiden Lake Property Owners Association,
Inc. Such use of recreational areas and facilities are subject to the reasonable
rules and regulations of the Weiden Lake Property Owners Association,
Inc., its Successors and Assigns. The charge for such use shall constitute
a debt which may be collected in any Court in competent jurisdiction and
upon the conveyance on any of the land described therein the successive
owner or owners shall from the time of acquiring title, be deemed to have
covenanted and agreed to pay the Weiden Lake Property Owners Association,
Inc., its Successors and Assigns all charges past or future as provided in
this paragraph. This charge shall become a lien on the land and shall continue
to be such lien until fully paid; provided, however, that such lien shall
be subordinated to a first mortgage to the lot owner.
- The premises
conveyed shall be used for single family homes, of not less than 1,000
square feet of living space; agricultural and/or recreational use
only. One dwelling per parcel except lot #20 which has two existing
dwellings. All uses to be in compliance with the Town of Tusten local
laws in effect.
- Grantees agree
to keep their lot in good sanitary condition and shall not use it
as a dumping ground for trash and rubbish. The outside placement or
storage of unregistered vehicles is prohibited.
- Single and
Double wide mobile homes are not allowed.
- Camping trailers,
tents, or other recreational or temporary living quarters will be
allowed, with a permit from the town code enforcement officer, for
the purpose of camping for temporary periods, not to exceed 14 days,
within any 60 day period and must have full self contained sanitary
facilities or sanitary facilities connected to an approved septic system.
All camping trailers, tents, or other recreational or temporary living
quarters allowed under this section must be removed from the premises
at the end of the 14 day period, except that legally registered recreational
vehicles may be stored upon premises if a permanent dwelling exists
on the lot.
- No parcel shall
be further subdivided.
owners are responsible for obtaining the necessary state and local
permits, if required, for building driveways, wells, septics, docks,
and clearing or excavating in or around any wetlands, the lake, streams
- All driveway
crossings and culvert sizes to be approved by the Town or County
- There will
be no change allowed to the existing drainage patterns of ditches and
culverts without approval from the Town or County Road Supervisor.
- Grantor retains
the right to convey right of ways along road frontage for utility
- No internal
combustion engine powered water craft, shall be operated, maintained
or launched on Weiden Lake. Electric powered boats will be allowed.
- Nothing shall
be altered in, constructed on, or removed from the common areas
except by written consent of the Weiden Lake Property Owners Association.
- Lake front
parcels — Along the lake frontage of all lots fronting on Weiden
Lake, there is a 100’ wide green belt where no live trees over 6" in
diameter may be cut or removed. It is the intention to convey to the
grantee all lands to the high water mark of Weiden Lake.
- There is a
Green Belt area along all protected streams extending 50 feet each
side from the top of the bank, where no excavating, building or removal
of live trees over 6" in diameter will be allowed without the approval
of D.E.C. You may have no more than one stream crossing per lot providing
that a D.E.C. Protection of Waters permit is obtained for the crossing.
- No commercial
fishing enterprise or fee based boat launching facilities or any
other commercial uses will be allowed on the premises.
docks shall not exceed 18’ in length.
- All dock installations
must be approved by the Weiden Lake Property Owners Association.
Such approval not to be unreasonably withheld. In no case shall more
than one dock be permitted on each parcel.
- No detached
floating docks or swimming platforms will be allowed.
- For as long
as any portion of the property described in this deed is subject
to regulation under Article 24 (the Freshwater Wetlands Act) of the
Environmental Conservation Law of the State of New York (ECL), there
shall be no construction, grading, filling, excavating, clearing or
other regulated activity as defined by Article 24 of the Environmental
Conservation Law on this property within the freshwater wetland area
or 100 foot adjacent area as shown on the Final Subdivision Plot at any
time without having first secured the necessary permission and permit
required pursuant to the above noted Article 24. This restriction shall
bind the Grantee’s, their successors and assigns and shall be expressly
set forth in all subsequent deeds to this property.
- The protective
covenants are to run with the land and shall be binding on Sumner
of New York, Inc. and all persons claiming under it. The invalidation
of any one of the Protective Covenants by judgment or court order shall
in no way affect any of the other provisions which shall remain in full
force and effect. The Protective Covenants may be enforced by Sumner
of New York, Inc., Weiden Lake Property Owners Association, Town of Tusten,
or the owner of any parcel within the subdivision. If Sumner of New York,
Inc. or Weiden Lake Property Owners Association brings an action to
enforce any of these Protective Covenants, the violator must pay all
costs and expense of such action, including reasonable attorney’s fees.