RIVER OAKS PROPERTY OWNERS ASSOCIATION
COVENANTS AND RESTRICTIONS
OAK HID AND RIVER OAKS UNIT “A” AND “B“
AREA OF APPLICATION
PROTECTED RESIDENTIAL AREA. THE RESIDENTIAL AREA COVENANTS IN PART B, IN THEIR ENTIRETY SHALL APPLY TO ALL THE PREMISES HEREIN ABOVE DESCRIBED.PART B
COVENANTS AND RESTRICTIONS
B-1: LAND USE AND BUILDING TYPE
No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permiteed to remain on any lot other than one detached single-family dwelling of the one-floor ranch type, one and one-half story split-level type or the two story colonial type construction, including an immediately attached breezeway, if desired, and a two car private garage which may be attached to and immediately adjoin either the principal building or the breezeway; the said garage and breezeway, including roof, shall be of the same material and general design as the principal building.
B-2 ARCHITECTURAL CONTROL
No building, wall, well, other structure or facility shall be erected, placed, or permitted to remain and no alteration of any of the foregoing costing more than One Thousand Dollars, and no alternation of the physical conditions of any lot which would appreciably affect the appearance of the vicinity or the value of other lots shall be made, unless and until the design plans and specifications thereof, showing the nature, kind, shape, size, location, externally visible materials, colors, and general appearance thereof,including the proposed landscaping of the lot, shall have been submitted to, approved in writing by, and a copy thereof as approved permanently lodged with the architectural committee (as provided in Part C), its successors or assigns. In the even said design, plans or specifications are disapproved, or that the same are not approved with thirty (30) days of their submission, then within sixty (60) days following such disapproval or following the lapse of such thirty (30) days of their submission, the owner of the lot submitting said design, plans, or specifications shall have the right to notify in writing the architectural control committee, its successors or assigns, of the intention to seek approval thereof by a committee of three architects, and by appointing in such notice the first of said architects. Within ten (10) days following receipt of such notice, the architectural control committee, its successors or assigns, shall appoint a second architect and within ten (10) days thereafter the two architects so appointed shall appoint a third; the decision of two of the three architects so appointed shall be final.
B-3 Dwelling size
The floor area of the main structure, excluding garages and exclusive of any open porches, shall be as follows:
(1) One floor Ranch type-A minimum of 1,500 square feet
(2) One and one-half split level type-A minimum of 1,800 square feet
(3) Two story colonial type-A minimum of 2,000 square feet
For purposes hereof, the lot line adjoining the street shall be the “front line,’ the opposite lot line shall be the “rear line;” and the other two lot lines shall be the “side lines.” No building, breezeway or garage shall be erected or permitted nearer said lot lines than that which is allowable under the building, zoning or other applicable laws and regulations of the County of Kenosha.
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.
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 or nuisance to the neighborhood. The growing of mushrooms for commercial purposes is expressly prohibited.
B-7: Livestock and Poultry
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that two dogs or two cats or one other household pet may be kept provided that such pets are not permitted outside the owner’s lot unattended.
B-8: 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 materials shall be kept in a clean and sanitary condition and in an inconspicuous place.
B-9: Temporary Structures
No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on an lot at any time as a residence or for any other purpose, whether temporarily or permanently.
B-10: Drainage Swale or Ditch
The drainage swale or ditch adjacent to the street at the front of the property shall be maintained by the property owners at the grade established by Pleasant Prairie Township.
No building shall be erected or permitted on any lot unless in conjunction therewith there is constructed a hard surface driveway measuring at least eight (8) feet in width and running from the street paving to the garage. Before the construction of such driveway, a culvert shall be installed across the proposed driveway conforming in grade to the drainage ditch or swale adjacent to the street at the front of the property. Such culvert shall conform in size, length and material with the standards specified by Pleasant Prairie Township. In the alternative to such culvert, any driveway constructed shall follow the grade established under Restriction B-10 as it passes through the drainage swale or ditch adjacent to the street at the front of the property.
No culvert shall be laid in the drainage ditch or swale by an purchaser, other than for driveways. Said culverts shall not exceed twenty-four feet (24) in length.
No sign of any kind shall be placed upon or in any lot except for 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 the builder or sub-divider to advertise property during the sale and construction period.
B-14 Construction Equipment
All equipment used in clearing, excavation of construction, not rubber-tired, shall only be loaded or unloaded within the boundary lines of each lot. No truck or commercial vehicle shall be permitted upon any lot except when said truck or commercial vehicle is actually delivering or unloading personal property to and from the premises and except any truck or commercial vehicle which is restricted to the interior confines or private garage. No private vehicles shall be continuously parked on the streets or roadways, but shall be kept on the driveway of the lot or in the private garage, it being the intention to prevent obstruction of the streets by continuous parking thereon.
B-15 Housing or Parking of Trucks and Trailers
No tract or improvement thereon shall be used for the housing, parking or displaying of trucks or trailers of any kind, at any time unless within the garage permitted hereunder.
B-16 Time of Construction
No structure of any kind shall be erected or placed on the lot without the written consent of the SELLER, nor shall any soil or black dirt be sold or removed , nor shall any trees or shrubbery be cut, sold or removed until and unless the BUYER has first made all of the payments and performed all of the covenants to be made and performed by him/her, including the payment of the purchase price in full.
After residential construction has been completed on any parcel embraced in the above-described real estate, the owner thereof shall, within a reasonable time after occupancy considering weather conditions, install and maintain attractive grass on that land adjacent to his parcel between his parcel and the finished street.
B-18 Soil removal
No soil or black dirt shall be removed from subdivision without consent of Pleasant Prairie P.U.D, a Wisconsin limited partnership, its successors or assigns. If such consent is not given, then Pleasant Prairie P.U.D shall designate the location for the disposal of any such soil or black dirt considered surplus by the individual lot owners.
There shall be no fences erected by any owner without consent of the architectural control committee, and upon consent by the architectural control committee, such fences shall be erected in accordance with the ordinances of the Town of Pleasant Prairie.
B-20 Vehicular Access
As shown on recorded plat, Lots, 1,2,3,4 and 5 in Oak Hi and Lots 1,2,3,4,5,6,7,8,9 and 10 in Block 1 in River Oaks Unit “A” and Unit “B” shall not have direct vehicular access to County C Highway, otherwise called Wilmot Road.
B-21 Lake and Easements
The ownership of River Oaks Lake and pedestrian easements thereto shall be vested in the Home Owners Association to be formed as hereinafter provided and the cost of maintenance of the lake and the payment of taxes assessed thereon shall be borne equally by the shareholders thereof.
B-22 Homeowners Association
Homeowners owning property in Oak Hi and River Oaks Unit “A” and “B” will by virtue of such ownership automatically become members of a Home Owners Association to be incorporated as a not-for-profit Wisconsin corporation to be known as River Oaks Home Owners’ Association. Each lot in said subdivision shall represent one voting share in said corporation. Upon sale of 80% of the lots in said subdivision the shareholders of said corporation shall hold an organization meeting and elect directors and officers of said corporation. Said Association shall thereupon adopt rules and regulations as to the use of River Oaks Lake including types of boats to be permitted thereon, hours of usage, swimming privileges, fishing privileges and other rules to insure the maximum enjoyment of said lake by all property owners.
B-23 Rules and Regulations
Among such rules and regulations shall be those adopted by the Board of Directors of said Association, and shall also include the following stipulations:
B-24 Lake Use
Only families residing in Oak Hi and River Oaks Unit “A” and “B” and their guests may use the lake facilities.
(a) No motorboats or boats propelled by means other than wind or man power are to be permitted on the lake.
(b) Boats must be anchored at shoreline or on shore.
(a) No member of the Association or their guests shall be permitted to catch more than 10 fish per day.
(b) No dead fish shall be thrown in water but must be disposed of in the trash disposal.
(a) All swimmers must wear reasonably proper swimming attire at all times.
(b) Hours for swimming shall be limited from 8:00 A.M. to 10:00 P.M.
(a) No one shall be permitted on the island from 10:00 P.M. to 5:00 Am.
(b) All persons using the island must dispose of the litter brought by them by carrying it back to the mainland for trash disposal.
(c) No type of shelter, shed, or other structure may be constructed on the island.
(a) No chemicals, fertilizers or weed killers shall be permitted to defile or pollute the lake.
(b) No piers or wharfs shall be permitted to be constructed in the lake without the consent of the majority of the Association members.
ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee is composed of William Dean of Park Ridge, Illinois; Roy G. Gromke of Arlington Heights, Illinois; and Donald A. Mitroff, of Mount Prospect, Illinois. A majority of the Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the General Partner of Pleasant Prairie, P.U.D, a Wisconsin limited Partnership, shall have full authority to designate a successor. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for its services performed pursuant to this covenant.
D-1 Term and Enforcement
The covenants herein set forth shall run with the land and bind the owner, its successors and assigns, and all parties claimed by, through or under it shall be taken to hold agree, and covenant with the owner of said building sites, its successors and assigns, and with each of them, to conform to and observe said restrictions as to use of building sites, and the contractions of improvements thereon, but no restrictions herein set forth shall be personally binding on any corporation, person or persons except in respect to breaches committed during tis, his, or their use of, or title to said land, the owner or owners of any of the above land shall have the right to sue for and obtain an injunction prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages, and the failure of the owner of any other lot or lots or building sites hereby restricted to enforce any of the restrictions herein set forth at the time of its violation, shall in no event be deemed to be waiver of the right to do so as to any subsequent violation. The violation of these restrictions shall not defeat nor render invalid the lien or any mortgage made in good faith and for value.
Invalidation of any one of these covenants or any part thereof by judgments or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
This restatement of the River Oaks P.U.D, Inc. Covenants and Restrictions in no way supersedes the original recorded documents as outlined at the beginning of this document. Some corrections have been made to typographical and gender errors and the format for clarification purposes only.
AMENDMENT OF RESTRICTIONS-OAK HI AND RIVER OAKS UNIT “A” AND UNIT “B.”
RE: Lots 1 through 89, inclusive, except for Lots 14,18,57,58,59,60,61, and 75 in Oak Hi Subdivision located the South ½ of Section 7 and the North ½ of Section 18, Town One (1) North, Range twenty-two (22) East, and lying and being in the Village of Pleasant Prairie, County of Kenosha and State of Wisconsin.
AND: River Oaks ( Units “A” and “B”) a subdivision located in the South ½ of Section 7 and the North ½ of Section 18, Town One (1) North, Range Twenty-two (22) East, and lying and being in the Village of Pleasant Prairie County of Kenosha and State of Wisconsin.
COVENANTS AND RESTRICTIONS
B-2 Architectural Control
No building, wall, well, other structure or facility shall be erected, placed, or permitted to remain and no alteration of any of the foregoing costing more than Five Thousand Dollars………
RULES AND REGULATIONS
B-24 Lake Use
Only families residing in Oak Hi and River Oaks Unit “A” and “B” and their guests may use the lake facilities. All guests must be accompanied by a resident. Passes should accompany all those using the lake. Any resident may ask to see the pass of those using the lake or park facilities.
B-25 Boating and Other Motorized Vehicles
(A) No motorboats or boats propelled by means other than wind or manpower are permitted on the lake.
(B) Boats must be anchored at shoreline or on shore.
(C) Snowmobiling is not permitted on the lake.
(D) ATV’s or other motorized vehicles are not permitted on the lake.
River Oaks member complaints involving, against, or in dispute with another member must be filed in writing to the board as a whole in order for the board to take action or set forth a process of resolution. The complainant shall address the complaint with name, date, and description of issue including all parties involved in the complaint. The complainant shall address the complaint to the entire board. The board will take up the complaint issue at it next normally scheduled board meeting. A member of the board will reply to the complainant and advise the complainant what action is being considered by the board.
Members who criminal acts, or acts of vandalism are strongly advised to contact local authorities, the Village of Pleasant Prairie police and/or Kenosha County police, and also advise a board member of such acts. Acts of such description are not considered complaints but criminal acts against all members of the River Oaks Association and written complaint is not necessary.
Acts of trespass, such as lake use and abuse by non-members are considered criminal acts and members are strongly advised to immediately contact local authorities as well as a board member. River Oaks Association Board has set policy and method to address such activities including removal trespass vehicles at owner’s expense.
ARCHITECTURAL CONTROL COMMITTEE
For architectural control, submit any plans to the Board.
Should you have any questions or concerns, please do not hesitate to contact the River Oaks Homeowners Association Board of Directors via the contact form below