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COVENANTS AND RESTRICTIONS

Allegany Highland Estates

Text Box: Covenants and Restrictions The Developer does by these presents make and declare the following restrictions and covenants as to such property within the Development. FIRST. The title holders to all real property located within the Development aforesaid shall be required to join as a member of Allegany Highland Estates Owners Association (the “Association” hereafter), a Maryland not for profit membership corporation, and to abide by the terms of the charter and bylaws of the Association. It is specifically recited that the Association is entitled to determine matters relating to architectural changes, design, color, landscaping and appearance, occupancy density, the kind number, their use of vehicles, the renting and leasing or conveying of property, commercial activity, and other matters as more fully appear hereafter. In addition, the Association has a right to make assessments and levy charges against the property owners which said assessments may become liens on the property described herein. SECOND. There is hereby reserved for the benefit and future owners of the property and the developer within the planned community an easement of ten feet in width along each lot line which shall be for the purpose of present and future utility installation and maintenance, provided without limitation sewerage, water and drainage, electricity, natural gas, telephone and cable. This easement shall include without limitation the right to lay, install and maintain pipeline drains. There is, in addition, an easement of twenty feet along the outer perimeter of the subdivision reserved for the installation of a walking and/or biking trail. This easement shall run with the land and may include the ten foot utility easement at the rear of the affected lots. THIRD. The property shall be restricted to residential use only provided however that certain business or commercial uses may be permitted if, in the judgment of the Design Control Committee, such uses shall not adversely impact upon the residential character, appearance and use of the property. FOURTH. No multiple family dwellings shall be constructed and maintained upon the property. FIFTH. No lot shall be further subdivided without the approval of the Design Control Committee and the Developer. However, a lot may be divided between two lot owners to create two larger lots from the original three, but thereafter may not be sold, conveyed or transferred except as appurtenant to such adjoining lot. SIXTH. No building or structure shall be constructed upon any lot within fifteen feet of sidelines or within thirty-five feet of front lines and rear lines of such lot. As defined herein, “structure” shall include covered patio, porch eaves of buildings, deck, garage, storage sheds or pools. SEVENTH. No building or structure, including without limitation a residence deck, garage, driveway, gazebo, storage shed, pool or grating shall be constructed without the written approval of the Design Control Committee. Written approval shall be granted only after submission of detailed plans which conform to architectural and design control standards. EIGHTH. No lot owner may construct excavation or tree removal or any other act upon the land which shall in any manner change or effect the water runoff plan set forth in the plan development. NINTH. The construction of any building upon the property shall be completed within twelve months after commencement of construction and shall be built by a contractor who is licensed in the State of Maryland. TENTH. Any residence constructed shall have an enclosed living area of not less than 1,800 square feet and shall on the first level of not less than 1,200 square feet. Adjustments may be made for high ceiling designs that appear to be two story from the exterior; all of which shall nevertheless remain subject to approval by the Design Control Committee. ELEVENTH. All driveways shall be dust-free and shall be constructed of hard surface. TWELFTH. Each property shall provide for personal parking spaces for all vehicles in order to alleviate parking on streets and private drives. All trailers, boats, motor homes, recreational vehicles, off-road vehicles, etc., as well as non-motorized and non-operating vehicles and equipment shall be located only where not visible from neighboring lots and shall not be used for sleeping. There shall be no parking on unpaved portions of lots. No repair and maintenance work shall be performed on vehicles except only inside a garage, and the doors shall be closed. THIRTEENTH. No animals, fowl, or reptiles shall be kept except that a reasonable number of dogs, cats or other household pets may be maintained on the property. It is provided that any pet causing a disturbance may be removed from the property after proper notice from the board of directors of the property owners association. FOURTEENTH. Walls and fences shall not be over six feet in height, except that such walls and fences may be no higher than four feet in the front yard of all properties. FIFTEENTH. All outdoor furnaces shall be prohibited. SIXTEENTH. Outdoor advertising signs shall not be permitted to display or advertise for a commercial business. SEVENTEENTH. All properties shall be kept clear of trash and debris. EIGHTEENTH. The yard and grounds of each lot shall be maintained in a proper fashion. Trees in excess of eight inches in diameter may only be removed in the course of construction or on lots with approval of the design control committee. NINETEENTH. All mineral rights shall be reserved to the developer. WITNESS the execution of these presents by the Developer on the day and year first written above.