Subdivision Restrictions
V. Restrictions
5.1 Land Use: No Lot shall be used except for single family residential purposes.
5.2 Building Type; No building shall be erected, altered, placed or permitted to remain on any Lot other than:
(a) One single-family dwelling, and
(b) Customary garages, guest houses and other similar buildings which are permanently attached to the ground. No structure of a temporary or moveable nature shall be erected, placed or permitted to remain on any Lot.
This restriction does not prohibit recreational type facilities such as swimming pools, spas, hot tubs, tennis courts and racquet ball courts limited to single family residential uses.
5.3 Minimum Size: The minimum building size for a single family dwelling constructed on any Lot shall be _____ square feet. The minimum building size is defined as the total enclosed heated and air conditioned habitable area of a dwelling excluding open porches, balconies, garages, carports, basements, unfinished attics, open walkways or atriums.
5.4 Building Location: No building shall be constructed on any Lot nearer than 25 feet to the front Lot line or nearer than 12.5 feet to any side street line as shown on the official plat of Tennyson Oaks Phase __ on file and of record in the plat book and at the pages referred to in Paragraph 1.1 above. No building shall be constructed on any Lot nearer than 10 feet to the interior Lot line or nearer than 10 feet to the rear Lot line. The location of all buildings on all Lots shall be subject to and comply with the requirements of the City of Alexandria and shall be approved by the Developer. The Developer may deviate and grant exceptions to these building requirements, but in no event shall such deviations or exceptions fall below the minimum standards for the City of Alexandria. Eaves, steps, terraces, patios, swimming pools, walls, and fences shall not be considered a part of a building for purposes of determining compliance with building location requirements set forth above.
5.5 Landscape: Each Owner, within one hundred twenty (120) days after the issuance of a certificate of occupancy for a single family dwelling on any Lot, shall cover the front yard with sod and shall properly landscape the yard with shrubbery in a manner that will complement the other single family dwellings in Tennyson Oaks Subdivision. Each Owner shall, thereafter, keep the yard and shrubbery neat and at all times free of weeds and other unsightly vegetation.
5.6 Live Oak Trees: Each Lot Owner shall, prior to March 1 of the year following the year of purchase of such Lot, plant and maintain at least one (1) Live Oak (Quercus Virginana) tree on such Lot. Such Live Oak shall be planted along the street and shall be set back at least five (5) but not more than twenty (20) feet from the front Lot line. No Live Oak tree shall be planted closer than 45 feet to another Live Oak tree. Live Oak trees should be planted between November 1 and March 1. In the event an Owner fails to plant a Live Oak tree as required in this paragraph, the Developer shall have the right, but not the obligation, to plant one Live Oak tree on such Owner’s Lot. The Developer shall have the right to charge the Owner with the cost of purchasing and planting the Live Oak tree on the Owner’s Lot. Notwithstanding the provisions of Paragraph 7.2 below, if the Owner fails to reimburse the Developer for this cost, the Developer shall have the right to file such lien in the form of an affidavit which shall preserve in favor of the Developer a lien and privilege against the Lot for the amount of cost of purchasing and planting the Live Oak tree plus the sum of $500.00 for the cost of preparing, filing and preserving the lien. The Developer shall furnish the Owner with a certified copy of the lien. The privilege created in favor of the Developer in this paragraph shall be inferior to any prior recorded conventional mortgage or property taxes. The Developers shall have the right to institute legal action against the Owner to recover the cost of purchasing and planting the Live Oak tree and the $500.00 cost for preparing, filing and preserving the lien, together with all reasonable attorney fees incurred by the Developer in bringing such action, without regard to the provisions of Paragraph 7.2 below.
5.7 Mailboxes: Curbside mailboxes are required for mail delivery by the U.S. Postal Service and all curbside mailboxes shall be approved by the Developer.
5.8 Completion of Improvements: The construction of any improvements on any Lot shall be substantially completed and a certificate of occupancy obtained within twelve (12) months after construction has commenced. For purposes of this paragraph, the date of issuance of a construction permit by the City of Alexandria shall be the date construction commenced. Single family dwellings shall not be occupied for residential purposes until the entire exterior of the structure has been completed. During the construction of improvements by an Owner, such Owner shall require any and all contractors, subcontractors or workers to maintain the Lot in a reasonably clean and uncluttered condition and, to the extent possible, all construction trash and debris shall be kept within refuse containers. Upon completion of construction, such Owner shall cause any and all contractors, subcontractors or workers to immediately remove all equipment, tools and construction material and debris from the Lot. In the event the Owner should fail to comply with this paragraph, the Developer may, in its sole discretion, collect from the Owner the sum of $100.00 per day for each day that the Owner fails to comply. The Developer shall have the right to preserve its claim by lien and further the Developer may institute legal action against the Owner to recover the penalty together with all reasonable attorney’s fees.
5.9 Soil Condition: Each Owner shall take any and all action necessary to prevent soil erosion, including, but not limited to, sodding, planting or construction of necessarybulwarks or improvements to prevent such soil erosion. Each Owner shall be solely responsible for any geotechnical engineering necessary to ensure adequate construction of foundations and other structural problems. The Developer shall have no responsibility for any damages or claims resulting from foundation failures or other structural problems which may result from soil movement. Although not required, Developer highly recommends soil test and analysis prior to construction.
5.10 Maintenance of Lots: Each Owner of a Lot shall at all times keep such Lot trimmed and mowed. In the event an Owner fails to or neglects to keep such Owner’s Lot neat and mowed, the Compliance Committee or Association, if created, shall give such Owner written notice by certified mail at such Owner’s last known address of the need to mow and clean such Owner’s Lot. If the Owner fails to mow and clean the Owner’s Lot within seven days after the Compliance Committee or Association, if created, mails the written notice, the Compliance Committee or Association, if created, may, in its sole discretion, mow and clean such Lot and bill such Owner for the costs of mowing and cleaning such Lot. Notwithstanding the provisions of Paragraph 7.2 below, if the Owner fails to reimburse the Compliance Committee or Association, if created, for the cost of mowing and cleaning such Lot within fifteen (15) days of mailing an invoice for such costs to Owner, the Compliance Committee or Association, if created, may file in the mortgage records of Rapides Parish a lien in the amount of the cost incurred by the Compliance Committee or Association, if created, for mowing and cleaning such Lot. Such lien shall be in the form of an affidavit of lien signed by a representative of the Compliance Committee or Association, if created, and shall preserve in favor of the Compliance Committee or Association, if created, a privilege against the Lot for the amount of the costs of mowing and cleaning the Lot plus the sum of $500.00 for the cost of preparing, filing, and preserving the lien. The Compliance Committee or Association, if created, shall furnish the Owner with a certified copy of the lien. The privilege created in favor of the Compliance Committee or Association, if created, in this paragraph shall be inferior to any prior recorded conventional mortgage and property taxes. The Compliance Committee or Association, if needed, shall have the right to institute legal action against the Owner to recover the cost of mowing and cleaning the Lot and the $500.00 cost for preparing, filing and preserving the lien, together with reasonable attorney fees incurred in instituting such legal action, without regard to the provisions of Paragraph 7.2 below.
5.11 Exterior Appearance: Each Owner shall at all times keep and maintain all buildings and structures in a good state of repair, neat and aesthetically pleasing to the remaining Owners in Tennyson Oaks Phase __. No foil or other reflective materials shall be used on any window for sunscreen, blinds, shades or other purpose nor shall any window mounted heating or air-conditioning unit be visible from the street. All paintable surfaces shall be painted and shall not be allowed to deteriorate. No clothesline shall be constructed, placed or erected on any Lot in such a way as to be visible from outside that Lot, No clothing, rugs or other items shall be hung on any railing, fence, hedge or wall. When not in use, all garage doors shall be kept closed. All equipment, including but not limited to, air condition and heat pump units, trailers, lawn equipment, wood piles, materials, supplies and other similar items and recreational type equipment or facilities shall be concealed by a fence, shrubbery or wall or otherwise concealed from view of neighboring Lots and streets. Gas and electric meters shall be concealed by a fence, shrubbery or wall or otherwise concealed from view from the street.
5.12 Fences: No cyclone, hurricane, chain-link or similar type of wire fence shall be used as a boundary fence between Lots. Any boundary fence or wall shall be constructed on the Lot line of the rear or interior Lot lines. No boundary fence or wall shall be constructed nearer to the street than the building setback line shown on the official plat of Tennyson Oaks Phase __ on file and of record in the plat book and at the pages referred to in Paragraph 1.1 above. The construction of all boundary fences and walls must be approved by the Developer prior to the commencement of construction of such boundary fence or wall.
5.13 Sight Lines: No fence, wall, hedge, tree or shrubbery shall obstruct sight lines at elevations between 2 and 6 feet above the street elevation on any corner Lot within the triangular area formed by the street right of way line and a line connecting at points 25 feet from the intersection of the street right of way line extended. No fence, wall, hedge, tree or shrubbery shall obstruct sight lines at elevations between 2 and 6 feet above the street elevation on any Lot within 25 feet from the intersection of the street right of way line with the edge of a driveway.
5.14 Temporary Structure: No motor home, mobile home, trailer, tent, shack, garage, barn, shed or other out-building shall be used on any Lot as a residence, whether temporarily or permanently. All improvements constructed on any Lot within the Subdivision shall be of new construction. In no event, shall any Owner move a pre-constructed building or an existing building or other structure onto any Lot.
5.15 Re-subdivision: No Lot shall be further divided and all Lots shall be sold and conveyed as an entire Lot. However, an Owner of a Lot may acquire a portion of a contiguous adjoining Lot so long as the Lot and the portion of the contiguous adjoining Lot shall belong to the same person as Owner. In the event an Owner acquires a portion of a contiguous adjoining Lot, the area of the Lot and the portion of the adjoining contiguous Lot shall be combined and considered, for purposes of this Declaration, as one Lot.
5.16 Non-Residential Uses: No Lot shall be used, caused to be used or permitted to be used by any Owner for any business, commercial, manufacturing, mercantile, storing, vending or any other non-residential use or purpose.
5.17 Garage Sales: No garage sales shall be allowed in the Subdivision.
5.18 Lease: No portion of any Lot or residence or guest house thereon, other than the entire Lot or the entire residence or guest house, shall be leased for any period. If an Owner should lease an entire Lot, residence or guest house, such lease shall be in writing, shall be for a term of not less than 6 months and shall be subject to all of the provisions of this Declaration.
5.19 Sign: No sign shall be displayed on any Lot, except one sign, not more than five square feet, advertising the property for sale or lease and plumbers name licences and phone when connecting gas lines. Notwithstanding the previous sentence, the Developer or authorized builders may display larger signs to advertise the property during the construction and sales periods.
5.20 Oil and Mining Operation: No drilling, development, refining, quarrying, mining or prospecting operations for any minerals shall be conducted on any Lot, nor shall any well, tank, tunnel, mineral excavation or shaft be permitted on any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on any Lot
5.21 Pets: No animal, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except household pets, provided that such household pets are not kept, bred, or maintained for any commercial purpose or are not kept in such numbers or under such conditions that are offensive to the Owners of the other Lots. No pet shall be allowed to run free or unsupervised within the Subdivision. All household pets shall be kept indoors or restrained by an enclosed fence. All pets shall be under leash at all times when walked or exercised in any area of the Subdivision not enclosed by a fence. No pet shall be allowed to make an unreasonable amount of noise or to become a nuisance.
5.22 Garbage and Refuse: No Lot or a portion thereof shall be used or maintained as a dumping ground for refuse. All trash, garbage and other waste shall be disposed of in accordance with requirements of the City of Alexandria. Except on days of collection, all trash shall be kept in garbage containers which shall be concealed from public view. Notwithstanding the previous sentence, a garden compost may be kept in such quantities as produced by one household only, provided it is not visible from the street and is kept free of an obnoxious odor, insects and rodents. No unreasonable or unsightly accumulation of new or used building materials, litter or any other kind of trash shall be permitted upon any Lot.
5.23 Parking: No truck larger than a three quarter ton pick-up truck, bus, motor coach, trailer, camper, boat, motor home, or mobile home or other similar vehicle shall be parked, kept, or stored, or permitted on any Lot, including any street, driveway or grass area, unless such truck, bus, motor coach, trailer, camper, boat, motor home, or mobile home or other similar vehicle is stored or parked in such a fashion as not to be visible from the street. No street or grassy area of a Lot shall be used or maintained as a parking or storage area for any vehicles, trucks, equipment, machinery or implement of any nature whatsoever on a permanent and continuous basis. However, this restriction shall not prohibit guest parking or other temporary parking on a non-continuous basis. A temporary and non-continuous basis shall be a period of time of less than 36 hours. Frequent violations of this restriction by a particular vehicle for periods of less than 24 hours shall also be prohibited. No overnight on-street parking shall be permitted within the Subdivision.
5.24 Antenna: No satellite dish, antennae or similar device for the transmission of television, radio, satellite or other signals of any kind unless (i)such antennae or satellite dish is designed to receive direct broadcast satellite service and are one meter or less in diameter, (ii) such antennae or satellite dish is designed to receive video programming services via multi-point distributions services for a satellite which is one meter or less in diameter or (iii)such antennae is designed to receive television broadcast signals (“the Permitted Devices’’). Provided, however, that such Permitted Devices shall be placed in the least conspicuous location on the Lot in which an acceptable quality signal can be received and in a manner where it is not visible from the street.
5.25 Nuisance: No noxious or offensive activities shall be carried on any Lot, nor shall anything be done thereon which may be or may become an annoyance to the neighborhood or which is opposed to the purposes of these restrictions. The discharge of firearms is specifically prohibited within the Subdivision. All valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction over Subdivision shall be observed by the Owners, their invitees and guests, including but not limited to, the prohibition of discharging fireworks.