Protective Covenants

DECLARATION OF PROTECTIVE COVENANTS and Design Review Criteria

Village of Chimney Hill

KNOW ALL MEN BY THESES PRESENTS:

That, Townside Development Corporation, an Ohio Corporation, the Owner and Developer of all of the Village of Chimney Hill Subdivision, in Hamilton County, Ohio, and more specifically described in Exhibit “A” attached hereto, intending to establish a general plan for the use and occupancy and enjoyment of said Chimney Hill subdivision, hereby declares that for the mutual benefit of the present and future owners of said lots, said lots shall be subject to the following restrictions:

Said lots shall be used for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than a dwelling not to exceed two and one-half (21/2) stories in height and a private garage for not more than three (3) cars.
Those owners of lots fronting on a private drive (non-dedicated), covenant to share, on an equal basis, the cost of maintaining and repairing said private lots.
All owners shall participate in the Chimney Hill Green Areas Fund and shall share on an equal basis the cost of maintaining and repairing all entry and street signage, landscape islands and landscape areas as indicated on Developer's plat.
The area of the main structure, exclusive of one (1) story open porches and garages, shall be not less than 1800 square feet for a one story dwelling, nor less than 1800 square feet for a dwelling of more than one story. Townside Development Corporation reserves for itself and assigns the right to waive the requirements of this paragraph 4.
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.
No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.
No sign of any kind shall be displayed to the public view on any lot excepting one (1) professional sign of not more than 1 square foot, one (1) sign of not more than five (5) square feet advertising the property for sale or rent, a sign used by a builder to advertise the property during the construction and sale and/or the subdivision identification signs or the signage indicated on the record plat.
No fence or wall of any kind, specifically including the use of hedge or other growing plants as a fence, and for any purpose, excepting a retaining wall, shall be erected, placed or suffered to remain upon any lot nearer to any street than the front building line of the building located on the lot, except that fences or wall for ornamental purposes, not more than four (4) feet in height, may be erected nearer to any street than the front building line of the building located on the lot. All fencing in any location on any lot must be approved by the Design Review Committee before installation.
No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose.
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
No individual water supply system nor individual sewer disposal system shall be permitted on any lot.
All building plans and specifications, including but not limited to exterior building materials, engineering, siting and placement of the house on the lot, decks and patios, walkways, fencing and landscaping must comply with the design criteria set for by the Chimney Hill Design Review Committee and/or the Townside Development Corporation.
No boats, trailers, or campers shall be parked for more than overnight in front of or in the driveway of any residence.
(a) Term : These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years unless an instrument signed by a majority of the owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
1. (b) Enforcement : Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.
2. (c) Severability : Invalidation of any one of these 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 Village of Chimney Hill

Design Review Criteria

The Village of Chimney Hill is one of the last major residential developments that will be built in the City of Blue Ash . Known for it unique residential character, fine schools, and outstanding location, the City of Blue Ash has taken great pride in its residential neighborhoods such as Carpenter's Run. It is within this spirit that the Village of Chimney Hill has been developed.

Chimney Hill has been designed to create a true village atmosphere, missing in so many communities today. Sidewalks and streetlights, in fact, electric replicas of the old-fashioned gas street light, will combine with house designs, setbacks, and side yards reminisced of Cincinnati's oldest and most grand neighborhoods; Mt. Lookout, Hyde Park, and Clifton. The best of the old will combine with the best of the new, the newest design and construction, to create a new village community ideal for family living.

Design Review Concept

To accomplish this goal, a Design Review Committee has been created by the developer. All building designs, site plans, landscaping plans and color combinations must be considered and approved by this group prior to construction.

Neither the Design Review Committee, nor the design criteria that it will utilize, seek to make judgments as to what is beautiful or not beautiful. The objective is not to discourage creativity of to infringe upon the freedom of individual expression. Indeed, design creativity is not only welcome, but encouraged.

The Design Review Committee and design criteria seek only to coordinate the many directions of all Chimney Hill builders and residents, to create harmony with the natural environment, and to protect the mutual interests and individual investments of all Chimney Hill residents.

The following criteria have been prepared to aid prospective homeowners and homebuilders in their construction plans and design for The Village of Chimney Hill.

Design Review Committee Composition and Meetings

The Chimney Hill Design Review Committee will consist of three to five members who will be architects, planners, engineers or developers by profession. The Design Review Committee will function so long as the developer owns lots in Chimney Hill or such time as all homes have been completed as evidenced by and occupancy permit, whichever is later.

Thereafter, responsibility for design review, membership and operations shall be the responsibility of the lot owners in Chimney Hill through the Chimney Hill Green Areas Committee. The developer shall appoint the Board's members until it becomes a committee of the residents. The Board will review plans at the schematic design stage and at the completion of working drawings. Original members of the Committee shall be:

John D. Soellner, Architect – Chairperson Environmental Space Designs
John R. Sansalone, Professional Engineer
John R. Sansalone & Company
Thomas H. Humes, Developer
Townside Development Corporation
Richard R. Doesburg, President
Thornton Landscape Inc.

Meeting of the Design Review Committee shall be on an as needed basis. The Committee shall exercise diligence in acting upon building plans promptly so as not to delay planning, design or construction progress.

Plans will be review according to the guidelines hereinafter included. No construction, tree removal, or site alteration shall commence on any lot without the written approval of the Design Review Committee. No exterior alteration or addition, including exterior staining involving a color change, shall commence without written approval of the Design Review Committee. The basis for approvals shall be the approved plans as submitted and on record. Proposed changes in plans following approvals must be resubmitted in writing to the Design Review Committee.

The Committee Chairperson shall have the authority to determine if such change is sufficiently minor as to be inconsequential to the character and quality of the development, in which case the Chairperson may approve the change without full Committee review and approval. The developer may at any time replace any existing members of the Design Review Committee or appoint additional Design Review Committee members.

Review Procedure: Sketch Plan

Prior to commencing preparation of working drawings (final engineering and architectural), a builder shall submit to the Design Review Committee sketch plans to assure conceptual acceptability; three copies of the plans shall be submitted to the office of the developer, 4144 Crossgate Drive , by Friday morning in order to be considered at the Design Review Committee meeting the following week. Sketch plans shall include:

1) A site development plan showing proposed building location, any proposed change in existing topography, existing trees of significant size and proposed retaining walls.

2) Sketches of building elevations showing exterior appearance of all sides.

3) Sketch of building floor plan.

The Design Review Committee will review the sketch plans and promptly return them to the builder with comments, enabling the builder to proceed with detail design and preparation of final working drawings.

Review Procedure: Final Plan

Prior to commencement of any construction activity, three copies of complete site development and building plans to scale shall be submitted to the office of the developer by Friday morning in order to be considered at the Design Review Committee meeting the following weeks. The plans shall show (1) contours reflecting existing topography at two (2') foot intervals or less, (2) grading plan showing finished contours, (3) existing environment features (e.g. ravines, creeks, significant tree stands, and the like), (4) proposed building pad with dimensions and lot setback distances, (5) proposed retaining walls, (6) driveway location with dimensions and type of surface materials, (7) complete architectural plans and specifications including structural details, floor plan, decks or balconies and elevations clearly depicting the design and exterior appearance including types of material, color, trim and detail for each side of the structure, and (8) landscape plan.

Building Site Considerations

Considerations relevant to siting a building on a lot and preserving the character of the lot are important. The particular assets of a lot must be identified and the building located so as to preserve or enhance the assets. Buildings should be located so as to avoid or minimize cuts and fills; existing grades and contours may be altered only minimally, so as to avoid destruction of trees and other national vegetation. Buildings should not be located in a manner that impedes, significantly alters, or otherwise interferes with natural drainage.

The existing environment should be respected and preserved to the maximum extent possible, structures shall be located so as to blend with, not intrude upon, the natural environment. Privacy between living units shall be considered when siting a building on a lot; to the extent possible, buildings should be situated so as to increase or maximize privacy from neighboring structures on adjacent lots.

Above all, the siting of buildings should preserve the important environmental features of the land and should contribute to a more creative, attractive and pleasant living environment than is typical of a conventional subdivision.

Site Planning and Development

Storm water, erosion, and sedimentation must be controlled and handled properly during and after construction. Adjacent property must receive and not impede the flow of storm water originating from upstream natural watersheds. Grading should be limited to protect trees and other natural vegetation, unnecessary cuts and fills shall be avoided. Ravine areas should be left natural and undisturbed and under no circumstances filled with dirt of debris. Trees and other site amenities should be protected during construction with temporary fencing or barriers. Retaining walls shall be constructed or faced with stone, brick or wood timbers, not concrete or block. Terraced banks and planted slopes should be utilized to minimize grade changes.

Architectural Character

The architectural objective at Chimney Hill is that buildings reflect design excellence and blend into, not intrude upon, the landscape or natural environment. The desire is to encourage design, which considers the total community, and good planning; design materials, colors, finishes, and total development planning should seek this objective. Various housing styles and architectural designs are encouraged.

Homes shall not be more than 2 ½ stories in height, shall not have a garage for more than three cars, and shall not contain less than 1800 feet in size, unless otherwise approved by the developer and /or the Design Review Committee.

Exterior Material & Color

Roofing and siding material shall be compatible and shall blend into common color tone. Roofing may be asphalt, fiberglass, wood, slate or tile. However, if asphalt or fiberglass shingles are used, roofing must be of dimensional style. Redwood or cedar is highly recommended for contemporary exterior siding, although other wood types and “dryvit” type siding may also be accepted. Traditional plans, brick or stone with appropriate quality trim material is recommended. (Natural sad mold brick is preferred to manufactured sand mold and textured brick; color ranges must be subtle. Speckled or glazed effects are not permitted).

Aluminum and vinyl siding and cement asbestos boarding siding are not permitted. There shall be a limit of one field color and one trim color per structure unless specifically otherwise approved by the Design Review Committee. All four elevations of the structure shall be compatible in design, material, and content. The amount of exposed foundations shall be minimized. Excluding hardware, no reflective finishes or materials are permitted on the exterior of any surface.

Outbuildings & Storage

Outbuildings or freestanding accessory structures such as pool houses, gazebos, and garages are permitted, but must be approved by the Design Review Committee. The design and detail of the outbuilding must be consistent with the main structure and must be otherwise acceptable to the Design Review Committee in all respects. No open storage of any kind is permitted; all storage must be completed within an enclosed structure, which shall not preclude the acceptability of a tree-sided enclosure abutting the rear of a house or garage for the purpose of storing trash containers.

Fencing

Chain link fences are not permitted, unless specifically approved by the Design Review Committee for safety purposes to enclose a swimming pool or tennis court. Fencing shall be limited to standard three-rail split rail fences, except that a wood stockade or stockade type fence specifically approved by the Design Review Committee may be erected abutting the rear of house for the purpose of enclosing a storage area or around a side or rear yard patio area abutting a house for privacy purposes. Vinyl covered wire mesh may be installed on the inside of a split rail fence. Fencing may be painted, left to a natural wood finish, or stain may be applied, with Design Review Committee approval of the color. Decorative fencing in front of and on the sides of home is allowable, however, it will be permitted only with the approval of the Design Review Committee.

Landscaping

The natural landscape shall be preserved and maintained to the maximum extent possible. Landscaping improvements shall be completed prior to building occupancy. A minimum of $2,000 will be the required expenditure for each dwelling. All landscapeplans must be approved by the Design Review Committee. Landscaping may also play an importantrole in enhancing and maintaining the privacy between homes and its creative and expansive use is encouraged by the developer.

Wiring

All wiring (electrical, telephone, CATV, etc.) shall be underground.

Antennae

Television and radio (including CB, shortwave, HAM, etc.) antennae, cable dishes, etc. are permitted only when installed in such a manner as not to be visible from the traveled roadway or neighboring property.

Exterior Lighting

Exterior spot and accent lighting is permitted on lots or building sites only when installed in such a manner that the light source does not disturb the neighboring property. Exterior accent lighting is encouraged for beauty, safety, and security.

Signage

Up to two (2) signs will be permitted on each building site during the construction phase and prior to the original occupancy. This sign will serve to identify the builder, architect, and/or marketing agent. All signs must be standard design and are subject to the approval of the Design Review Committee.

Roadways and Streets

All streets will be dedicated public streets serviced by the City of Blue Ash . Residents with driveways using common private drives will share in the maintenance of the private drive as provided for in the deed covenants.

Mailboxes, Numerals, & Letters

Builders shall select a design and submit it to the Design Review Committee for approval, as a part of or in conjunction with submission of site and building plans, which plans shall reflect the proposed location(s) for a mail box numerals, or letters.

Identification numerals or letters shall not be permitted unless specifically approved as to style and location by the Design Review Committee.

Chimney Hill Green Areas Committee and Fund

To further develop Chimney Hill as a high quality residential community, the developer will be installing and planting significant landscape areas within the development. These “green areas” include the large entrance island and sign, street light landscaping, and other miscellaneous areas as may be designated i.e. creek crossing areas. These areas, which will benefit all Chimney Hill residents, will be fully installed and planted by the developers.

“The Village of Chimney Hill Green Areas Fund” – The purpose of this fund will be to serve as a maintenance fund for preserving and maintaining the landscaping and signage installed by the developer, preserving and maintaining any areas designated by the developer as green areas or landscape areas, and preserving and maintaining the general upkeep and appearance of The Village of Chimney Hill at a level of quality commensurate with the wishes of The Village of Chimney Hill residents.

Any areas of The Village of Chimney Hill designated as Green Areas, landscape areas or areas where scenic or conservation easements are granted to the City of Blue Ash shall fall under the responsibility of The Village of Chimney Hill Green Areas Committee and Fund for preservation and maintenance. This will apply to all existing property which is a part of The Village of Chimney Hill or any additional parcels of land which may be added to The Village of Chimney Hill.

The developer will have full responsibility for design, maintenance, and expense of the Green Areas Fund until 90% of the total lots in The Village of Chimney Hill have been conveyed to third parties. At that time, The Village of Chimney Hill Green Areas Committee will take over responsibility for maintenance of these Green Areas including signage, street light maintenance, and designated landscape areas and be responsible for The Village of Chimney Hill Green Areas Fund.

The Village of Chimney Hill Green Areas Committee and Green Areas Fund have been created on the premise that The Village of Chimney Hill residents will derive a superior level of quality in design and maintenance of these “green areas”.

Contribution to this Green Areas Fund by each resident is required by deed covenant. The rate of contribution per residence is sat at $75.00 per year with the first contribution due on July 1, 1985 from all homeowners of record on that date. The Green Areas Fund shall be administered by a committee of seven residents elected by all of The Village of Chimney Hill residents, one of whom shall be elected to the position of chairman. This group will be known as The Village of Chimney Hill Green Areas Committee.

After the developer's responsibilities for operation and maintenance of the Green Areas cease, the developer shall, in a time period no less that 90 days prior to ending of said responsibilities, appoint or organize the election and/or organization of the initial Green Areas Committee. The first term for all members shall be one year. The Committee may then establish its own procedures of election and operation.

The amount of contribution to the Green Areas Fund may be changed only by a 75% vote of all The Village of Chimney Hill homeowners. The developer, Townside Development Corporation, will be responsible for operation and maintenance of The Village of Chimney Hill Green Areas Fund until 90% of the lots in The Village of Chimney Hill have been sold, after which time the developer's responsibility shall cease.

The Village of Chimney Hill Green Areas Committee will also take over all responsibilities of The Village of Chimney Hill Design Review Committee after the developer's role has been completed. The Green Areas Committee will have ongoing responsibilities for administering and fulfilling the goals of the Design Review Committee and enforcing the design criteria on behalf of all The Village of Chimney Hill residents.

Modifications to Design Review Criteria

The developer retains the right to alter, modify or change these Design Review Criteria or to make appropriate modifications to the process at any time during the development of this project.