PROPERTY COVERED: The real property which shall be held, conveyed, transferred, sold, used and occupied subject to the liens, charges, rights, limitations, conditions, covenants, reservations, easements and restrictions with respect to the various portions thereof set forth in the various clauses and paragraphs of this declaration and the restrictive covenant contained herein, are ALL "LOTS" contained within the Property, herein known as the Stonington Subdivision Phase II and all subsequent Phases. "Lots" are the numbered parcels of property shown on the recorded plans of the above referred property, known as Stonington Subdivision.
PURPOSE OF DECLARATION: The purpose of this Declaration is to insure the best use and most desirable development and improvement of the Property for single residential purposes only; to protect the Developer and future owners of Lots against such improper use of the Property as to depreciate the value of their Lots; to preserve, so far as practical, the natural beauty of said Property; to guard against the erection thereon of structures of inappropriate size, attraction and/or of improper materials; and, to prevent abusive, offensive, unsightly, or other improper use of said Lots; and in general to protect and enhance the value of investments made by purchasers of Lots therein.
BUILDING REQUIREMENTS: A single family residence, in accordance with the requirements outlined in these documents, shall be constructed on each Lot within a period not exceeding eighteen (18) months from the date which the Lot was transferred to the current owner. If the landowner fails to comply within the time period, Stonington Incorporated may elect to re-purchase the Lot at 90% of the purchase price less all expenses incurred in the transaction. Construction, once commenced, shall be completed within an eight (8) month time period and the landscaping and driveway shall be completed within (8) months of the completion of construction of the dwelling.
USE: All Lots in the development shall be known as residential lots. No structure shall be erected, altered, placed or permitted to remain on any residential building Lot other than one single family dwelling not to exceed two (2) stories in height with an attached, semi-detached or detached garage for not less than two (2) cars nor more than three (3) cars, and a mini-storage barn which shall not exceed ten (10) feet by twelve (12) feet and shall all be covered with a suitable material and colour as to match or complement the main dwelling structure.
DWELLING REQUIREMENTS: There shall be a minimum of 1700 sq. ft. of livable floor space in all dwellings, exclusive of open porches and garages. In the case of a one and one-half and two-storey structure a minimum of 1000 square feet shall be provided on the main floor. In the case of a split-level structure a minimum of 1700 square feet of livable floor space shall be provided above grade. Split-Entry structures shall not be permitted, regardless of the square footage of the structure. In respect to Lot 36, only a single storey home may be constructed thereon. Final building plans, including those for an attached, semi-detached or detached garage, must be approved by Stonington Incorporated prior to the commencement of construction.
BUILDING LOCATION: No building shall be located on any Lot nearer to the front line of the Lot than thirty (30) feet nor further therefrom than forty (40) feet, excepting Lot 103 and Lot 104 and where the Lot is located on a cul de sac and then the setback may be extended to fifty (50) feet. In respect to Lot 37 the maximum setback shall be sixty (60) feet and in respect to Lot 36 the setback requirement shall be one hundred and twenty five (125) feet. In respect to Lot 26, the distance from the semicircular boundary to the southwest corner of the main structure shall be seventeen (17) feet. The location of the building shall be measured from the front most point of the structure including eaves, balconies and verandas. Side yards shall conform to the city bylaws. A plot plan locating, by indicated measurements, the proposed buildings to be erected on the Lot in respect to the boundary lines of the said Lot must be approved by Stonington Incorporated prior to the commencement of construction.
COMBINATION OF LOTS: When two Lots have been acquired on which one residence is to be constructed, said residence shall be so located on the Lots that it straddles both lots.
FENCES: No fences shall be erected nearer to the front Lot line than the front corner of the house and shall not be more than six (6) feet in height. Fences shall be maintained in a good state of repair.
DRIVEWAYS: Driveways shall be covered in paving stones, concrete or asphalt.
GARBAGE AND REFUSE DISPOSAL: No Lot shall be maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers. No homeowner shall use any portion of his/her Lot for the collection or storage of trash, garbage, old parts, building materials, equipment or other unsightly articles.
FIREWOOD: Firewood shall be stored in an allowed building or blocked piled at the rear of said buildings out of sight of the neighbours.
STORAGE: There shall be no storage of mobile trailers, recreation vehicles, campers, and/or trailers and boats. It is not expected that this section exclude utility trailers or boats and trailers of fifteen (15) feet or less.
NUISANCES: No noxious or offensive trade or activity shall be carried on upon any Lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighbourhood. No Lot shall be allowed for such activities as parking inoperable motor homes or vehicles of any kind, or for repairs of same. Any exterior clothes hanging apparatus shall be located in the rear portion of the property.
COMMERCIAL VEHICLES: No commercial vehicles, excepting one-half ton trucks, shall be permitted in the sub-division unless same is maintained in the enclosed garage. Nothing contained herein is intended to prohibit commercial vehicles whose purpose is to render a commercial service to Lot owners.
PARKING: Vehicles shall be parked in the garages or in the driveway of the residence and not on the street. Vehicles not in use by the persons domiciled in the residence or visiting temporarily are not permitted to be parked on the Lot. The Lot is not intended as a storage place for vehicles not in daily use.
CONDITION OF LOT: Each Lot owner will be responsible for maintaining his/her Lot in a reasonable neat condition and permit nothing which would render it unattractive or unsightly.
TEMPORARY RESIDENCE: No trailers, basement home, tent, shack, garage, or other out-building, including mobile homes, erected temporarily or permanently, shall be used as a residence.
SIGNS: No signs of any kind shall be erected on any Lot except signs of five (5) square feet or less for the purpose of advertising the property for sale or lease or a sign used by the builder during the construction and sale period or a sign used by the developer to advertise the Lots in the subdivision.
ANIMALS: No animal or fowl shall be domiciled in the subdivision for commercial purposes. This shall not prohibit the ownership of cats, dogs, or other pets (commonly classified as domesticated) for owner's pleasure and not for sale. Permanent domestic pets shall be limited to three (3) per household provided they are housed in the residence or a dog house and fenced pen which is constructed at the rear of the residence and no closer than fifteen (15) feet from the perimeter line of the Lot, and is effectively screened from the neighbours, and maintained in a clean and sanitary manner so as to not be offensive to the neighbours.
STORM WATER RUNOFF: In respect to Lots 27, 28, 29, 37, 38, and 39 no barrier shall be permitted to normal storm water runoff from the adjacent uphill Lots to the adjacent downhill public right of way within ten (10) feet of either side yard boundary line of the said Lots.
In respect to Lots 31, 32, 33, 34 and 35 no barrier shall be permitted to normal west to east storm water run off within twenty (20) feet of the southern boundary of said Lots, nor shall the constructed berm be altered or modified in any way as to cause a north south flow of storm water run off.
Without limitation to the foregoing, the lands in respect to all Lots shall not be graded or re-graded in such a manner as will block or impede any water course or swale or cause water to be diverted over or built up upon any adjoining Lots or lands.
LANDSCAPE BUFFER: In respect to Lots 61 through 75 inclusive and 132 through 134 inclusive no natural vegetation shall be removed from within twenty (20) feet of the southern boundary of said properties without the written permission of the Town of Stratford.
RIPARIAN ZONE: Lots, namely numbers 124, 125 and 126, which encroach on a riparian zone, shall not have any plant growth removed from said areas without the approval of the Department of Environment.
INVALIDATION: If for any reason the Court were to rule one or more of the foregoing covenants invalid the rest of the covenants would continue to be in full force and affect.
ENFORCEMENT: Enforcement against a violation or intended violation of these covenants shall be by proceedings at law in Prince Edward Island.
FUTURE AMENDMENTS: Stonington Incorporated reserves the right to amend these covenants until such time as the Stonington Subdivision is fully developed, provided the substantial character of the covenants is maintained. Amendments dated after the initial closing on a particular Lot will not apply to that particular Lot.