Covenants & Restrictions

We are in the process of adding the covenants and restrictions that apply to the various  areas of GFCACA.  What we have posted is BELIEVED but not certified to be the most recent set of covenants and restrictions for each of the areas comprising our community.  Please go to the county courthouse if you would like to research these further.  If you have questions, please contact Mal Hunt of the Architectural and Building Committee. Thank you

 Shellbank Wood Covenants and Restrictions

Book 196 Page 464

SHELLBANK WOODS

DECLARATION OF COVENANTS AND RESTRICTIONS

 

Shellbank Woods Corporation on this 1st day of August, 1979 hereby declares and sets forth that it is the sole owner of all of the land shown upon the plats entitled  "PLAT OF THE PROPERTY OF FIRST LAND CORPORATION TO BE CONVEYED TO SHELLBANK WOODS CORPORATION, JAMES CITY COUNTY, VIRGINIA" said plats being dated,   October 10, 1978 and made by Coehen & Associates, Inc. and recorded in Plat Book 35, page 48, and shown in part upon the plat entitled "SHELLBANK WOODS, PHASE I," said plat being dated July 20, 1979 and made by Langley & McDonald and recorded in Plat Book 35 page 88, respectively, in the Clerk's Office of the Circuit Court of James City County, Virginia; and that the covenants and restrictions included in this Declaration shall run with the land and shall be applicable and binding upon the present and future owners of all of the lots of land shown on said plats for a period of thirty­five (35) years from the date this instrument is recorded.

1. No lot shall be used except for residential purposes. No more than one detached private dwelling unit and attendant outbuildings shall be erected on anyone lot. The use of such unit for dwelling purposes shall be limited to a single family. A "family" shall include only persons related by blood or lawful marriage.

2. The floor area of the enclosed heated living portion of the main structure on any lot shall not be less than 1600 square
feet nor more than 2500 square feet for a one-story, or not less than 2000 square feet nor more than 3500 square feet for any structure of more than one story, without the prior written con-sent of the Architectural Review Committee. Exceptions or vari­ances to the aforementioned minimum square footage shall be deter­mined in the sole discretion of the Architectural Review Committee in accordance with standards of quality adopted by said Committee. A dwelling shall be deemed to be a two-story or split foyer if the upper level has a floor area of not less than eighty percent of the lower level. "Enclosed portion" shall mean the interior living space of the structure and does not include basement, garage, breezeways or extended covered areas such as porches, patios or balconies.

BOOK 196  PAGE 465

3. a. Before construction is commenced on any lot of a dwel­ling, house, or other building or structure of any nature, including but not limited to fences, or any addition to existing buildings or structures, an application in writing for permission to erect such structure shall be made to the Architectural Review Committee of Shellbank Woods Corporation, which application shall be accom­panied by plans and specifications for the same, plot plan showing proposed placement of the structure upon the lot and such additional information as to exterior materials and architecture as may be called for by said Architectural Review Committee, and construction thereof shall not be commenced until approval therefore has been given in writing by said Committee. The Architectural Review Committee shall, in writing, promptly report its action on such application to the applicant and return to him the aforesaid documents. The standard to be applied relative to such application shall be determined or changed by the Architectural Review Committee from time to time as it, in its sole discretion, shall determine as desirable to assure harmony of exterior design, appearance, materials and placement of buildings and structures within the subdivision.

b. No clearing or pre-construction at the site shall commence until both (1) Architectural Review Committee approval has been obtained and (2) County Building Permit has been issued.

c. Culverts shall be placed and driveway built prior to clearance of site.

d. All structures must be substantially completed in ac­cordance with the plans and specifications approved by the Architect­ural Review Committee within twelve months after construction of the same shall have commenced, except that the said committee may grant extensions where such completion is made impossible because of matters beyond the control of the Owner or Builder, such as strikes, casualty losses, national emergencies or acts of God.

e. Seeding and landscaping shall be completed within six months of Owner occupying house.

BOOK 196 PAGE 466

 4. In order to continue the unique and delicate environment of the Shellbank Marsh area, the waters and banks of this marsh shall be left in their natural state. (1) There shall be no construction of piers, bulkheads and other structures in the waters of Shellbank Marsh. (2) Lot owners shall not disturb the banks of the Marsh below the Conservation Zone line shown on the plat, nor shall any activity destructive of vegetation or terrain be conducted below said line. (3) No gasoline powered boats or other craft using a motor shall be used in Shellbank Cr~ek, and no hunting or trapping in Shellbank Marsh or Shellbank Woods shall be permitted.

5. Shellbank Woods Corporation, in its sole discretion, may determine when and if it is advisable to delegate the authority of the Architectural Review Committee, as above set forth, perman­ently to a committee composed of residents of the subdivision.

Should the corporation determine to delegate such authority it shall do so by written instrument to be recorded. After such re­cordation the committee so designated shall succeed to all powers and obligations of the Architectural Review Committee of Shellbank Woods Corporation, hereinbefore referred to, and the committee so designated may thereafter formulate its own plans of procedure and succession.

6. No septic system for the disposal of sewage shall be con­structed on any lot except with the consent of the entities at the time furnishing sewage .disposal to Shellbank Woods.

7. No noxious or offensive activity shall be carried on upon any lot, no outdoor business shall be conducted

BOOK 196 PAGE 467

on any lot (such as vehicle repair or storage), no trailer, truck or heavy equipment shall be kept on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

8. 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 in reasonable numbers may be kept provided that they are not kept, bred or maintained for any commercial purpose.

9.The area between the boundary line of any lot in the Subdivision and the surface of any adjoining street or road shall be kept cleared by the owner of such lot of all brush, tall grass and weeds, and the owner shall generally maintain his lot in a manner which shall enhance the beauty of the community. If such owner fails to perform this covenant then Shellbank Woods Corporation shall have the right to perform the same and such lot owner agrees hereby to reimburse it for the expense occasioned thereby.

10. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

11. Mailboxes shall be of an attractive design, clearly marked with owners name and house number.

12. All trash receptacles shall be concealed in a manner approved by the Architectural fie view Committee.

13. Clotheslines and other clothes drying apparatus shall be screened from public view in a manner approved by the Architectural Review Committee.

14. There is expressly reserved from any conveyance of any or

BOOK 196 PAGE 468

all lots of said subdivision a perpetual easement of right of way and access for installing, laying and maintaining poles, wires, conduits and other equipment for water, sewers, gas or other utilities over, through or across the streets, roads or rights of way and easement areas as shown on said plats and the right to use said streets, roads, rights of way or easement areas for other services deemed beneficial by Shellbank Woods Corporation to the property owners of said lots.

15. Property owners shall have the right to use in common with other property owners and the public road areas shown on said plats for public passage thereover-- it being understood and agreed-- that Shellbank Woods Corporation intends to dedicate said roads to the appropriate authority as public roads and reserves the right to do so,

16. All lots and lot owners are subject to the terms and con­ditions of that certain agreement, dated between Shellbank Woods Corporation and Sydnor Pump and Well Com­pany, Inc., recorded in the Clerk's Office of the Circuit Court of James City County, Virginia in Deed Book

17. No facilities or agencies which may be designated by the Department of Health of the State of Virginia as actually or potentially contaminating, insofar as water mains, pipes and lines are concerned, will be placed within a distance of ten (10) feet from any water mains, pipes or lines laid, maintained or operated upon, through, over or across any of the streets or easements shown on the aforesaid plats.

18. These conditions and restrictions shall inure to the bene-

fit of and be enforceable by any and all lot owners, or by Shellbank Woods Corporation, and the invalidation of anyone of them by judgment or court order shall in no wise affect any of the others which shall remain in full force and effect.

19. The restrictions, conditions, and reservations set forth in this instrument shall, after the expiration of thirty-five (35) years from the date of recordation of this instrument, be automati­cally extended for successive periods of ten (10) years unless by a vote of the majority of the property owners in said subdivision they shall be changed in whole or in part or terminated, which change shall be evidenced by a recorded instrument.

20. This declaration may be amended at any time by an instru­ment of record after the written consent thereto by not less than 75% of the owners and the Developer shall have been obtained.

IN WITNESS WHEREOF, Shellbank Woods Corporation has caused its name to be signed and its corporate seal to be affixed and attested by it duly authorized officers, all as of the day and year first above written.

s.

SHELLBANK WOODS CORPORATION

BY


Robert L. Clifford

Heritage Landing Covenants & Restrictions (all text for Heritage Landing is
in dark green type)

 

 

BOOK 327 Page504


 

FIRST AMENDMENT TO DECLARATION OP RESTRICTIVE COVENANTS FOR HERITAGE LANDING SUBDIVISION


 

THIS FIRST AMENDMENT TO THE DECLARATION, Made as of the 30th day ot December, 1986, by HERITAGE LANDING ASSOCIATES, a Virginia General Partnership, hereinafter referred to as "Declarant".


WHEREAS, Declarant is the owner of certain property situated in the County of James City, Virginia, shown on that certain plat entitled, "PLAT OF HE'RITAGE LANDING SUBDIVISION SECTION ONE AND SECTION TWO", dated October 22, 1986, made by AES, Architecture, Engineering, Surveying, Planning, duly recorded In the Clerk's Office of the Circuit Court of the County of James City, Virginia, in Plat Book 43, at pages 91 and 92; and

WHEREAS, the Heritage Landing Subdivision has been planned as a residential neighborhood of the highest quality, setting new standards of excellence within James City County, and offers beautiful and well maintained surroundings, large wooded lots, residences of highest quality and architectural beauty; and

WHEREAS, it is the intention of Declarant that the community be maintained and regulated in such a way as to protect and preserve all of these qualities for the good ot the majority of the inhabitants. of Heritage Landing; and

WHEREAS, Declarant wishes to declare and make known the easements, restrictions, covenants and reservations to which said property shall be subject; and

WHEREAS, to further provide that Declarant's successors or assigns may exercise its rights, the term "Declarant" shall mean Its successors or assigns;

NOW, THEREFORE, Declarant hereby declares that said property shall be held by it subject to the following covenants, conditions, restrictions, easements and reservations:

1.  THE LAND.
BOOK   327        PAGE 505

The natural beauty of the land shall be protected and preserved to the greatest extent possible.

1.1  The natural grade of the land shall not be altered without prior approval of the Heritage Landing Architectural Committee (HLAC).

1.2 No trees in excess of six inches in diameter at a point two feet above ground level shall be removed without prior approval of the HLAC.

1.3 Areas left in their natural wooded state shall be cleared of fallen trees and branches and of excess underbrush and so maintained.

1.4 Areas converted to lawns and other landscaped areas shall be maintained in a neat and attractive state.

2. LAND USE.

2.1 All of the numbered lots shall be used exclusively for residential purposes with only one single family residence per lot. No additional, adjacent or connected buildings to house, additional persons for rent or other purposes will be permitted.

 2.2 No businesses shall be conducted from these residences or on these lots wherein any evidence of said businesses is visible from without the residence. This includes signs, marked vehicles, equipment and materials. Neither may any home business generate a stream of traffic to constitute a nuisance to the neighbors.

2.3 No lots may be subdivided.

2.4    No animals, livestock, or poultry of any kind may be kept on any lot except dogs, cats, or other household pets provided they are not kept, bred, or maintained for any commercial purpose. No family shall have more than a total of three dogs and cats. Animals must be properly managed so as not to be a nuisance to neighbors by barking or trespass.

Book327 PAGE 506

 

    2.5   No lot shall be used or maintained as a dumping ground for rubbish or other material prior to construction. During construction the area will be kept in a reasonably neat and clean condition by the builder although some debris must be expected. After occupancy the property shall be kept in a good state of maintenance by the owner. Trash, garbage, and other waste shall not be kept except in sanitary containers which shall be enclosed in a screening structure or shall be installed underground. Incinerators will not be permitted and all trash and refuse must be picked up and hauled away.

2.6 Easements shown on the plan for streets, drainage, utilities, screening, beautification, or recreation are for the benefit of the residents of Heritage Landing Subdivision and may be changed only by the County of James City. The Declarant reserves the right to require additional easements not to exceed five feet in width along any property line if drainage problems develop at a later date and require such easements.
             

3.RESIDENCES.

3.1 All construction plans for any building, including architecture, siting, grading, driveway and parking areas, color and materials, and other pertinent details shall be submitted to the HLAC for review and approval prior to commencement of construction. The HLAC must also approve add-on construction such as decks, fences, outbuildings, etc. If no action is taken by the HLAC within thirty (30) days after receipt of all required material, approval shall not be required and this paragraph shall be deemed fully satisfied.

3.2 The HLAC will consist initially of three (3) members appointed by Declarant. Upon completion of all development, HLAC shall be dissolved.

3.3 While the emphasis in Heritage Landing will be on design and construction excellence, rather than on size, the following minimum sizes are recommended for the buildings.  One story buildings shall have a minimum of 1,500 square feet or living space, one and one half story buildings a minimum of 1,600 square feet of living space and two story buildings shall have a

 Book 327 PAGE 507

minimum of 1,800 square feet of living space. Living space shall be heated areas exclusive of basements, porches, decks, breezeways, and garages. Any variances of these minimum size requirements must be approved by the HLAC.

3.4 A variety of architectural styles are desired in Heritage Landing. Single story, two story and split level are anticipated. The land elevation and topography supports the use of some basements. Period designs should strive for authenticity. Contemporary designs should be tasteful and seek to blend with the land. The blending of contrasting architecture will be facilitated by the use of earthtone colors and materials. Bright or strident colors will be discouraged.

3.5 Closely similar designs must be sufficiently separated so as to not call attention to the similarity.

3.6 Garages are required. Side or rear entry is preferred, but not required.

3.7 All dwellings shall be served by underground utility service, including sewer, gas, electric, telephone and cable television.  All dwellings shall have minimum 200 amp electric service. No above ground utilities will be permitted.

3.8 The following additional restrictions will be observed in the intent of preserving the architectural integrity of the buildings:

                 a. No external antennas or satellite dishes of any description, unless hidden from view from the street and adjoining residences and after obtaining approval first from the HLAC.

                 b. No window air conditioners.

                 c. No clotheslines unless small and well screened and approved by HLAC.

                 d. No fencing nearer to the street than the front of the
residence and no fencing shall be erected prior to obtaining the approval of HLAC.

 Book 327 Page508

                 e. No solar or energy panels to be visible from the street or to any other residence.

                  f. No carports shall be erected on any lot or attached to any residence.

                  g. No structure of a temporary character, trailer, tent, shack, shed or other outbuilding shall be built or used on any lot as a residence or for storage.

                   h. No chain link fence except around dog runs, limited to 120 square feet of run area.

                   i. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property forsale or rent, or signs used by the builder to advertise the property during the construction and sales period, other than on Lots 25 and 26, Section 1, temporary and permanant signs not to exceed 4' x 6' may be erected to reflect the entrance to and the name of the subdivision, to be erected at the discretion of Heritage Landing Associates.

                    j. All driveways shall extend to the street and it is recommended that they be either gravel or concrete so as to blend with the streets.

                    k. Outbuildings and fencing may be constructed or Installed only with the permission of the H LAC.

                    l.. No exposed bright metal is permitted (flashing, screens, windows. 

                    m. All chimneys will be of brick except for special architectural reasons
approved by the HLAC.

4. VEHICLES.

Since the unregulated use of vehicles can destroy the appearance of a

neighborhood the following restrictions will apply.

4.1 Overnight parking in the street will not be permitted except on an emergency basis.

4.2 No more than three ungaraged vehicles will be permitted to be consistently parked on the premises, and these must be in the driveway or on a parking apron of the driveway. These vehicles will be restricted to licensed, operable automobiles, mini-vans and pickup trucks not to exceed 3/4 ton in capacity.

4.3 Pickup trucks over 3/4 ton capacity, recreational vehicles and boats on trailers must be garaged. Recreational vehicles too large to garage and large vans may be stored behind the house on a parking apron with suitable screening to minimize unsightliness and with a total of one per family. The parking and screening must be approved by the HLAC. Trailers, buses and trucks over 3/4 ton capacity are not permitted.

4.4 No major vehicle maintenance or overhaul of ungaraged vehicles will be permitted it unsightly and requiring more than two days.

5. 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 from the date these covenants are recorded after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

6. ENFORCEMENT.

Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants either to restrain violating or to recover damages, reasonable attorney's fees and court costs or both.

7. SEVERABILITY.

Invalidation of anyone of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

IN WITNESS WHEREOF, Heritage Landing Associates, a Virginia General Partnership,

Book 327 Page510

caused the execution of these Restrictions by Jeff Weeks, Managing General Partner, this 30th

day of December, 1986.

HERITAGE LANDING ASSOCIATES,

A Virginia general Partnership

By: ____________

Jeff Weeks, Managing General Partner

STATE OF VIRGINIA

City/ of Newport News to-wit:

                  I,               a Notary Public in and lor the City and State aforesaid, do certify that Jeff Weeks, Managing General Partner, on behalf of Heritage Landing Associates, whose name is signed to the foregoing Declaration dated the  day ot

_ has acknowledged the same before me in my City' and State aforesaid.

Given under my hand this _~_ day of        1986.



BOOK 316 PAGE 176   

RESTRICTIONS FIRST COLONY ESTATES, SECTION ONE

JAMES CITY COUNTY, VIRGINIA 

KNOW ALL MEN BY THESE PRESENTS.

WHEREAS, FIRST COLONY ESTATES, INC., a Virginia Corporation, is the owner of that certain tract of land situate, lying and being in Grafton District, James City County, Virginia, being comprised of Lots Numbered One (1) through sixteen (16), inclusive, as shown on that certain plat entitled, FIRST COLONY ESTATES, PHASE I, JAMES CITY COUNTY, VIRGINIA", made by Langley and McDonald, a professional corporation, Engineers, Planners, Surveyors, dated April 11, 1986, and recorded in Plat Book 42, Page 63, in the Clerk's Office of the circuit Court for the County of James City, Virginia, and

WHEREAS, the aforementioned owner of the above described property desires that the lots embraced in said tract and shown in said plat shall be held and sold subject to certain restrictive covenants:

Now, therefore, First Colony Estates Inc., a Virginia corporation, does hereby declare, covenant and agree, for itself and its successors and assigns that said lots as shown on said plat shall be hereafter held and sold subject to the fo11owing conditions and restrictions, to-wit:

1. APPROVAL OF BUII.DING PLANS. Prior to the construction or making of any improvements on any lot within the subdivision, the owner of a lot shall submit plans and specifications together with a site plan or sketch to FIRST COLONY ESTATES; INC., for its approval. FIRST COLONY ESTATES, INC., its successors or assigns, shall have the sole right to approve such Plans up to and including September 30, 1996, and at any time prior to such date FIRST COLONY ESTATES, INC. shall have the right to designate an agent: or. Committee to approve such plans in its place and stead.  Any plans and specifications not rejected in writing within 30 days after being submitted shall be deemed approved as Submitted.

2.     LAND USE AND BUILDING TYPE:   No lot shall be used 

Book 316 Page 177


Except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than on

detached single-family dwelling not to exceed two stories in height and a private garage. A one story dwelling shall have a minimum of 1500 square feet, exclusive of open porches and garage and a two story dwelling shall have a minimum floor area of 2000 square feet, exclusive of open porches and garages.

3. BUILDING LOCATION. No building shall be located on any numbered building lot shown upon the said plat unless the front of said building faces the front of the lot upon which it is located, nor shall any building be located on any lot nearer to he front lot line than the minimum building set-back line which hall be thirty (30) feet.

4. SEWAGE DISPOSAL. Every dwelling unit constructed within this subdivision shall be connected to the public sewer disposal system.

5. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the record plat of the subdivision.

6. UNDERGROUND ELECTRICAL AND TELEPHONE SERVICE. Neither poles nor other structures for the carrying or transmission of electric power or telephone line or cable, elevated or carried above the surface of the land or ground, and not completely enclosed within some building or structure permitted under the provisions of these restrictions, shall be erected, altered, placed or permitted to remain upon either I (1) any lot in the subdivision, or (2) in or upon any street, alley, sidewalk, curb, gutter or easement or right-of-way included within the subdivision. All electric and telephone services facilities constructed or placed within the subdivision, unless completely enclosed within some building or structure permitted under the provisions of these restrictions must be carried, housed or placed beneath the surface of land in the subdivision.

7. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance to the neighborhood.

Book 316 Page 178

8. FENCES. Only wooden fences not exceeding four feet in height may be placed within the area in the front of the minimum building set-back line on any lot within the subdivision. Metal fences and wooden fences not exceeding the county height regulations may be placed in the rear yard of any lot.

9. TEMPORARY STRUCTURES. No structure of temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot as a temporary residence.

10. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or similar household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose and further provided that when outside of theLot where their owner lives, they shall be under control.

11. SIGNS. No sign of any kind shall be displayed to the public view on any lot, except one professional sign of not more than one square foot, or a sign advertising the property for sale or rent of not more than three square feet, or a sign used by a builder to advertise the property during the construction and sales period of not more than five square feet.

12. GARAGE AND REFUSE DISPOSAl.  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 to the rear of the dwelling concerned.

13. HEATING AND AIR CONDITIONING EQUIPMENT. No air conditioning or heating equipment shall be placed in front of any residence, and no storage tanks erected above the ground shall be permitted with the exception of solar heating or energy panels or collectors which shall be allowed on the front portion of dwellings.

14. TRAILERS, BOATS, CAMPERS & MOBILE EQUIPMENT. No trailers, boats, campers or other mobile equipment except passenger automobiles and smn\all trucks may be parked on the

Book 316 page 179

streets or on any lot within the front property set-back line.

15. SUBDIVISION OF LOTS. None of the lots as shown on the said plat recorded in Plat Book 42, Page 63, may be subdivided into smaller or additional lots, provided, however, that this provision shall not prohibit the adjustment of lot lines if said plat recorded in Plat Book 42, Page 63, may be subdivided into smaller or additional lots, provided, however, that this provision shall not prohibit the adjustment of lot lines if necessary so long as no new or additional lots are created.

16 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 from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of Ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change the said covenants in whole or in part.

17. ENFORCEMENT. Enforcement shall be by proceedings at or in equity against any person or persons violating or attempting to violate any covenants either to restrain a violation or to recover damages, reasonable attorney's fee and court costs or both.

18. SEVERABILITY. Invalidation of anyone of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect.

     Witness the following signature and seal.

                           FIRST COLONY ESTATES, INC.,

                           A Virginia corporation

By:  David Murray, President

 

Website Builder