Deed Restrictions

This is an unofficial version of the deed restrictions, meant for reference only.  The official version is available through the Recorder of Deeds for New Castle County.

THE RESERVE AT IRONSIDE
DECLARATION OF RESTRICTIVE COVENANTS

Adopted April 18, 1997 by Handler Construction, Inc.
Amended 2000 by the Reserve at Ironside Maintenance Corporation – noted in italics

THIS Declaration of Restrictive Covenants (“Declaration”) made this 18th day of April 1997, by HANDLER CONSTRUCTION, INC., a Delaware corporation (“Declarant”).

WITNESSETH:

WHEREAS, Declarant is the owner of all those certain lots, pieces of parcels of land known as THE RESERVE AT IRONSIDE, and situate in Pencader Hundred, New Castle County and State of Delaware, as shown on the Record Major Subdivision Plan for THE RESERVE AT IRONSIDE,  prepared by Karins & Associates, Inc., date December 28,1995, and recorded in the Office of the Recorder of Deeds in and for New Castle County, State of Delaware at Microfilm No. 12841, as hereby incorporated by reference (“the Land”); and

WHEREAS, Declarant is desirous of imposing upon the Land certain restrictions and covenants resection the use thereof.

NOW, THEREFORE, THIS DECLARATION WITNESSETH:

That for and in consideration of the Land, Declarant hereby covenants and declares that henceforth it shall stand seized of the Land under and subject to the following limitations, reservations, restriction and conditions as amended from time to time pursuant to the provisions hereof, all of which shall be deemed to be covenants running with the Land and binding upon all owners thereof, in while or in part:

1. Private Residences

  • Each lot shall be used for private residential purposes only and no buildings of any kind shall be erected or maintained thereon except private dwelling houses, each being a single family detached or semi-detached home, and being designed for occupancy by a single family.

2. Animals and Pets

  • No animals, livestock, poultry, horses, cows, goats, hogs, pigeons, rabbits or similar animals of any kind shall be raised, bred, or kept in any dwelling or any part of a lot.   Dogs, cats and other common domesticated household pets, not to exceed two for each lot may be kept inside the dwelling provided that they are not kept, bred or maintained for any commercial purpose and provided that no more than two such pets in the aggregate may be kept with respect to each dwelling and further that such pet(s) shall not cause or create a nuisance or unreasonable disturbance. All such pet(s) shall be kept on a leash when not on owner’s private property. Owners shall be responsible for the removal of litter deposited by their pets on any land subject to this Declaration.
  • No building(s) or improvement(s) shall be erected or maintained or any lot which shall be used for the habitation or enclosure of any dogs, cats, and other common domesticated household pets excepting (1) no more than two usual household pets may be housed within the dwelling houses; and (2) one dog house  not to exceed four feet wide by four feet and four feet high may be maintained in the rear yard only and directly attached to the rear wall of the house.

3. Trade, Business, etc.

  • No trade or business of any nature whatsoever nor any building designed or intended for such purposes or for industrial or manufacturing purposes or for any dangerous or offensive trade whatsoever shall be erected, permitted, maintained or operated on any of the Land; neither shall any nuisance, dangerous or offensive thing, condition, trade or business whatsoever be permitted or maintained upon any of the Land.

4. Architectural Control

  1. No building, shed, fence, wall, pond, post, cover, swimming pool, or other construction shall be commenced, erected or maintained upon any lot not shall any exterior addition to or change or alteration thereof including but not limited to exterior facade color change and/or a change in grade or drainage be made until the plans and specifications showing the nature, kind, shape, color, height, materials and proposed location of same shall have been submitted to and approved in writing by Declarant. In granting or withholding any such approval, Declarant shall consider whether such request is in harmony with respect to design and location to surrounding structures and topography. In the event the Declarant or its successors and assigns fail to approve or disapprove such design and location within (30) days after said plan and specifications have been submitted to it, approval therefor will be deemed to have been given by the Declarant.The Declarant may establish and appoint an Ad Hoc Architectural Control Committee of lot owners to assist the Declarant in its performance of architectural control functions provided for in this Paragraph. The Ad Hoc Architectural Control Committee will automatically be dissolved upon assignment of the architectural control responsibilities of the Maintenance Corporation.
  2. The following standard shall apply with respect to the approval of fences and swimming pools:
    1. Fences – No fence shall be erected on any lot closer to the front street line then the rear face of the principal building on said lot. The architectural control committee may waive this restriction in the following cases:
      1. A permanent structure, e.g. air conditioning unit, is place so as to block direct access to the back corner of the house, and/or;
      2. The rear face of two adjacent houses are not the same distance from the street and, in the interest of overall visual appeal, it would present a more uniform appearance to line up the common fence corners.
      • If the committee grants such a waiver, they will direct the homeowner of an approved fence location – preferably lined up with a “bump out” in the side of the house if one exists.
      • No fence, except a privacy fence as described below, shall be of a height of more than four (4) feet and all such fences shall be post and rail, wood constructed and with no more then three (3) horizontal split rails. Fences which are four feet high must have three horizontal rails. The height and width of the entire interior perimeter of such fences may be required by Declarant to be fully covered with wire mesh. In any event, no fence shall be constructed or maintained upon any lot until plans for the design and exact location of the same have been approved by Declarant, its successors or assigns.
    2. Privacy Fences
      • Privacy fences are fences which enclose only a small portion of the rear yard to the building itself, for example; a privacy fence may enclose a rear patio. A board on board type privacy fence may be permitted provided it does not exceed a height of six (6) feet and is constructed of wood. In no event shall any privacy fence enclose an area in excess of 500 square feet, nor shall any section thereof exceed 25 feet in length. In any event, no privacy fence shall be constructed or maintained upon any lot until plans for design, color and exact location for the save have been approved by Declarant, its successors or assigns.
    3. Swimming Pools and Swimming Pool Fences
      • No above-ground swimming pool shall be constructed or maintained on any lot. One in-ground swimming pool on each lot may be permitted to be constructed and maintained. Any in-ground swimming pool must be enclosed with a post and split rail no higher than four (4) feet and no more than three (3) horizontal rails. The height and width of the entire interior  or exterior perimeter of a swimming pool fence must be fully covered with wire mesh. In any event, no such swimming pool or swimming pool fence shall be constructed or maintained upon any lot until plans for the same have been approved by Declarant, its successor or assigns.
  • The following standard shall apply with respect to the approval of one utility storage shed on each lot. No lot may contain more than one utility storage shed.
    1. Location
      • The shed must be located to the rear of the house and not less than five (5) feet nor more than thirty (30) feet from any yard property line. The shed also must be located not less than ten (10) feet from any side yard property line.
    2. Size
      1. The outside footprint of the shed shall be either square or rectangular and shall be no less than sixty-four (64) square feet or no more than one hundred forty-four (144) square feet.
      2. The outside depth of the shed be no longer than twelve (12) feet.
      3. The maximum height of the shed shall be ten feet six inches (10’6”) to a ridge which shall be part of an “A” frame roof design.
    3. Materials and Construction
      1. The roof of the shed shall have an “A” frame roof with asphalt shingles that match the type of color of the roof of the home on the lot.
      2. The shed shall be finished on all four sides with vinyl siding which matches or is the same as the vinyl siding of the home on the lot both in style and  in color.
      3. The color of all trim on the shed shall match the color of the outside trim on the home on the lot. The color of the door of the shed shall match the color of the siding on the shed.
      4. All sheds must be of frame construction. No shed shall be constructed from metal, aluminum, steel, etc.
      5. The shed shall only have one door of ingress and egress which must be on the front of the shed. The front of the shed shall face the rear of the house. The shed may contain but need not contain a maximum of two windows. Each such window, if installed, must be two square feet in size.
      6. The shed must be erected on a firm foundation base so as to maintain the shed in a level position.
    5. Landscape
      • All landscaping for the shed must match the landscaping or shrubs for the house. The shed must be landscaped on all three sides except the front.
  • The Declarant shall have the right at any time in its sole discretion to assign the architectural  control power to approved or disapproved as provided in Subparagraph (a) of this Paragraph to THE RESERVE AT IRONSIDE MAINTENANCE CORPORATION (the “Corporation”), the members of which shall consist of lot owners by executing a written assignment document and causing it to be recorded in the Office of the New Castle County Recorder of Deeds and notifying the Corporation of such assignment.
  • 5. Tree, shrubs, lawns and Landscaping
    1. No live trees on any lot exceeding eight inches (8”) in diameter at a height of three feet (3’) from the ground shall be cut without the prior written consent of the Declarant. In at the event any such trees are so cut without having first obtained said consent, the owner of the lot on which said tree is so cut shall forthwith replace it with a tree of like size and variety. The consent required herein shall not be unreasonably withheld and shall be deemed to have been given if not denied within thirty (30) days after receipt by the Declarant of a request for same. In granting or withholding any such approval, Declarant shall consider whether such request is in harmony with respect to designs and location to surrounding structures and topography and whether or not such request is consistent with the policy of leaving trees, shrubs and/or landscaping provided or done by Declarant undisturbed for a period of ten (10) years, except for ordinary maintenance, feeding and disease control.
    2. All grass, lawns, shrubs, hedges, etc. shall be trimmed and maintained in a neat manner.

    6. Television Antennas, Radio Antennas, and Satellite Dishes

    1. No radio or television receiving or transmitting antenna or other similar device, (except a normal consumer television receiving antenna mounted on a roof or chimney), shall be constructed, placed or maintained on the outside of any building or dwelling house on any lot.
    2. A television satellite dish not exceeding eighteen (18) inches in diameter may be attached on the rear wall of the home or on either side wall of the home at a location which is within four (4) feet of the rear wall of the home.

    7. Trash Receptacles

    • Trash receptacles shall be kept in enclosed areas, hidden from view, excepting that on regular collection days trash receptacles may be placed temporarily at the curb for trash collection purposes. Each owner or occupant shall take all reasonable steps to prevent his garbage and refuse from omitting odors sufficient reasonably to annoy any other occupant or owner.

    8. Prohibited Vehicles

    1. No trucks, buses, vans, (except for non-commercial pickup trucks and vans described in (b) below), travel trailers, utility trailers, boat trailers or any other kind of trailers, campers, boats, recreational vehicles as defined in Title 21 of the Delaware Code as amended from time to time, disabled vehicle of any type, shall be kept or maintained, temporarily or permanently, on any lot, street, driveway within the premises, except that such vehicles may be kept wholly within a closed garage.
    2. Pickup trucks up to and including ¾ ton and enclosed vans not exceeding 10,000 lobs G.V.W. and a height of 7 feet are permitted provided such vehicles are not used for commercial purposes. The architectural review committee may allow commercial vehicles within these size and weight restrictions provided that any commercial markings are of reasonable size and color. The architectural control committee has sole discretion to determine what is to be considered reasonable size and color. This will be handled on a case–by-case basis as requested.
    3. Vehicles repairs, except tire changes and battery service and routine maintenance, shall not be conducted on the Land. All such repairs must be performed in the owner’s garage.

    9. Clothes Lines and Laundry

    • No permanent outside clothes lines or clothes line posts are permitted. Portable outside clothes lines, which are approved by Declarant, shall be permissible, provided such portable outside clothes lines are unused for drying clothes during daylight hours only.

    10. Maintenance of Sidewalks and Drainage Swales

    • All sidewalks shall be repaired when required and kept free of snow and ice. Each owner of any lot by acceptance of a deed therefore is deemed to covenant and agree to fully maintain at such owners’ sole cost and expense and all drainage swales located on his property, free of debris and obstructions with grass and/or plant growth properly cut and trimmed so that drainage water will properly flow through such swales.

    11. Signs

    • No sign or other object shall be displayed on any wall or rooftop. No sign of any kind shall be displayed to public view on any dwelling, lot or open spaces except: (1) a post office street number sign being uniform in appearance and placement, such appearance and placement to be determined by the Corporation; (2) temporary signs not more than five square feet advertising the sale of the property on which the sign is located, such signs to be removed promptly after settlement; (3) such signs as the Corporation may deem necessary, in its sole discretion, to fulfill its purpose.

    12. Vegetable Gardens

    • No vegetable garden shall be kept or maintained in the side or front yard area of any lot. Any such garden in the rear of any corner lot shall be screened by shrubbery on the street side. The maximum size of any vegetable garden shall be 144 square feet.

    13. Window Treatment

    • All windows from the exterior shall show white or off-white fabric or color compatible with color of exterior finish of dwelling. Any disputes regarding color selection or compatibility will be determined in the sole discretion of Declarant or its assigns.

    14. Ornaments

    • No statues, sculptures painted trees, bird baths, free standing flag poles, replicas of animals, persons or other like objects may be affixed to any lot or building where such object would be visited from any street. Notwithstanding anything to the contrary contained herein, holiday decorations and flags commemoration holidays may be temporarily placed on a building or lot. Any Christmas decorations or lights must be removed by January 15 of each year. American flags (not displayed on free standing flag poles) may be flown during any time of the year.

    15. Wetlands

    • The Land contains wetlands as defined in Federal and or State statues and regulations. The Record Plan generally shows the location of such wetlands, some of which may be located or will be located within the perimeter of individual lots. No Land containing such wetlands shall be filled, altered or disturbed other than in accordance with the laws and regulations of all Federal and State Agencies having jurisdiction.

    16. Term

    • These covenants and restrictions shall run with and bind the Land and shall inure to the benefit of and be enforceable by the owners of any Land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns for a term of ten (10) years from the date hereof after which time said covenants shall be automatically extended for successive periods of ten (10) years unless nullified by instrument signed by the then owners of two-thirds of the lots and recorded in the Office of the Recorder of Deeds in and for New Castle County and State of Delaware.

    17. Amendment

    1. These covenants and restrictions may be changed, altered or modified, in whole or in part at any time:
      1. By an instrument in writing signed by the owner or owners of two-thirds (2/3) of the lots described hereinabove recorded in the Office aforesaid: or
      2. Notwithstanding the foregoing, Declarant reserves unto itself, which shall be deemed to be a personal reservation for so long as Declarant shall own title to any portion of the Land, the right during such time to amend this Declaration without notice to or the prior consent of any other person, firm or corporation; or
      3. Notwithstanding the foregoing, each owner of a dwelling by acceptance of a deed therefore covenants and agrees that the Declarant, so long as it is the developer of any lots within the Land shall have the absolute right to amend this Declaration without the joiner or approval of any other owners of the Lands, if it then owns any portions of the land by executing and recording such amendment in the Office aforesaid, if such amendment is:
        1. Required by Federal, State, County or local law, ordinances, rule or regulations
        2. Required by any mortgagee of improved lots an dwelling houses in the premises; or
        3. Required by an title insurance company issuing title insurance to owners and/or mortgagees or same; or
        4. Required by Federal Housing Administration, Department of Housing and Urban Development, Veterans Administration, Farmers Home Administration, Delaware State Housing Authority, Federal National Mortgage Association, Government National Mortgage  Association, Federal Home Loan Mortgage Corporation, or by any public or private institution acquiring, guaranteeing or insuring mortgages or providing any type of financial assistance with respect to dwelling units in the premises.
    2. Any such amendment shall be by appropriate instrument in writing signed by Declarant and recorded in the Office of the Recorder of Deeds, in and for New Castle County, State of Delaware.

    18. Remedies

    • The Following natural or artificial persons have the right to enforce compliance with these covenants and restrictions:
      1. Declarant.
      2. An owner of any Lot subject to the Declaration either in his, her or its individual capacity or as an officer or member of a committee of any civic association or homeowner’s association for the The Reserve At Ironside.
      3. The Reserve at Ironside Maintenance Association, a Delaware Corporation.
    • Each person. Firm, or corporation who has violated any of these restrictions or covenants shall be liable for reasonable attorney’s fees and other expenses incurred, whether or not there is a lawsuit, as results of such violation or violations by any person who has the right to enforce compliance with these convents and restrictions. Such reasonable attorney’s fees and cost may be recovered (1) is a separate action for the recovery of the same or (2) is any action for violation of these covenants and restrictions, reasonable attorneys’ fees and expenses may be awarded by the court as costs in favor of a person enforcing compliance with these restrictions and against a person who has violated the terms of these covenants and restrictions.
    • Failure to enforce any violations of these covenants and restrictions shall not be deemed a waiver of the right to do so at any time thereafter.

    19. Declarant

      • The term “Declarant” includes Handler Construction, Inc., a Delaware Corporation. If any person, firm or corporation engaged in the business of developing the Land and/or construction of homes on the lots contained therein, hereafter acquires title to more than 50% of such lots within the Land, then such person, firm or corporation shall, by the terms hereof, be substituted for Handler Construction, Inc. a Delaware corporation as “Declarant”.

    20. Development and Construction

      1. Declarant and any person, firm or corporation with the permission of Declarant and upon such terms as Declarant may impose, may engage in activities prohibited by the terms of the Declaration, while Declarant or such other person, firm or corporation is engaged in development of the Land and/or construction of homes on the lots contained therein. Without limiting the foregoing, the presence of construction vehicles, materials, equipment, trailers, portable toilets and temporary sheds, the existence of noise, dust, dirt and other inconvenience of construction, the pursuit of construction and sales activities utilizing on – site sales office and signs and the showing for sale and/or temporary rental of homes, shall not be deemed violative of this Declaration.
      2.  Declarant, its successors, assignees, agents and designees shall have the right at all times to go upon any lot, street or open space to accomplish and complete grading or landscaping in accordance with governmental approve plans or as required by any federal, state or local governmental agency or department thereof.

    21. Severability

      • Invalidation of any one of these covenants or restrictions or portions thereof by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect.

    22. Assignment of Declarant’s Rights

      • Notwithstanding anything to the contrary, Declarant reserves the right to assign all rights and duties as Declarant under this Agreement by the execution and delivery of an appropriate assignment document in recordable form.

    23. Miscellaneous

      • Neither Declarant nor the Corporation nor any of their respective directors, offices and members shall have liability to any person, firm or corporation for failure to perform any duty expressly or implicitly created herein or for any negligent performance of any such duty, nor such persons have the liability to any person, firm or corporation for failure to enforce the covenants of this Declaration of for any other alleged negligent act or omission, or for any good faith attempt at enforcing the covenants of this Declaration.

    IN WITNESS WHEREOF, the Declarant has set its hand and seal the day and year aforesaid.

    HANDLER CONSTRUCTION, INC

    BY: Mark L. Handler, President
    ATTEST: Ruth M. Handler, Secretary