Clover Ridge Subdivision


Protective Covenants


1.     Building sites shall be used and occupied solely for private residential purposes by a single family home or duplex, including two car, or larger, garage.  Duplexes must have an attached one car, or larger, garage per living unit.


2.     The living space above grade for a one-story dwelling exclusive of open porches and garages, shall be not less than 1,400 total square feet for a single family home or 1,200 total square feet per unit for a duplex.  The living space of a one and a half, two-story or tri-level dwelling, exclusive of open porches and garages, shall not be less than 1,600 above grade for a single family home or 1,400 total of square feet per unit for a duplex.  Each home must have a minimum 5/12 roof pitch.  No cement block structure shall be permitted on said lots except in foundations.  The dwelling unit must be completed within a six (6) month period from the start of construction.


3.     No fence shall be erected on any lot in this subdivision without the express written approval of the Developer or its assignee. Any application for the construction of a fence shall show the location, height and type of material and if approved and built shall be properly maintained at all times. Chain link fences shall not be permitted.


4.     Drives shall be at least sixteen (16) feet in width and constructed of concrete or paving brick.  Construction of sidewalks within the street right-of-way shall be the responsibility of the Lot owner and be constructed in accordance with the City of Wapakoneta specifications.  Sidewalk construction shall be completed no later than thirty (30) days after occupancy of the dwelling.


5.     No noxious or offensive activity shall be carried on or upon any lot within this plat, nor shall anything be done thereon which may be or may become an annoyance or nuisance to this neighborhood. 


6.     No trailer, basement, tent, shed, garage, barn or other outbuildings shall be used on any lot at any time either as a temporary or permanent dwelling.


7.     No signs of any kind shall be displayed to the public view on any lot in said plant, except one of the following types:


1.     One (1) sign advertising the property for sale or rent;

2.     One (1) sign to advertise the property during construction, development and sale.


8.     No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot in said plat, excepting dogs, cats or other household pets, not to exceed a total of two (2) pets, providing they are not kept, bred or maintained for any commercial purposes.  Outside dog runs and commercial kennels are hereby strictly forbidden.


9.     No lot in said plat shall be used or maintained as a dumping ground for rubbish or trash.  Garbage or other wastes shall be kept only in sanitary container.  All lots shall be mowed and the grass kept neat, trimmed and cut at all times.


10.  These covenants, restrictions and limitations shall be binding on all parties hereto and all owner of lots in said plat for a period of ten (10) years from this date, after which time, such covenants, restrictions and limitations shall automatically extend for successive periods of one (1) year unless an instrument in writing, signed by a majority of the owners of the lots in the premises, has been recorded agreeing to change the covenants, restrictions or limitations in whole, or in part, which agreement shall specifically enumerate the changes thereof.


11.  No trucks or trailers other than those used for family purposes, of any type shall be parked, kept or stored on any lot in said subdivisions unless the same be parked, and kept or stored in a garage or other accessory building which has been erected with the consent and approval of the developer, or its assignee. No boats, trailers, motor homes or other chattels of a similar nature shall be stored or maintained on any Lot in said subdivision for a period longer than three (3) days.


12.  No owner of any Lot shall interfere with the natural flow of surface water through drainage swales or drainage pipes on his lot.


13.  Enforcement of the terms of these restrictions shall vest in each of the Lot owners of this development. Said Lot owners may, at their discretion, join together to enforce any and all of the terms of this agreement.


Enforcements shall be proceedings, in law or in equity, against any person or persons or legal entity violating or attempting to violate any covenant, restriction or limitation.  These remedies are available to any owner of any lot within this plat who may seek both a restraint of such violation and damages thereof.


 14.  All easements and right-of-way, except interior lot line easements, as shown in and over lots within this plat are reserved for the construction, operation and maintenance of poles, wires, conduits and the necessary and proper attachment in connection therewith for the transmission of electricity, for telephone, or drainage facilities including surface drainage and other purposes, also for the construction, operation and maintenance of drains, sewers and pipe lines for supplying gas, water, heat and for any other public or Quasi-public utility or function maintained, furnished or performed in any method beneath the surface of the ground.  Easements shown upon the plat may also be used by utility companies as circumstances require. 


15. All interior lot line easements and right-of-way, not shown on the plat of Clover Ridge Subdivision #1 are for the exclusive use of the City of Wapakoneta for utility purposes.


16. Modular/Industrial homes, on a permanent foundation, are permitted under the definition of a factory-fabricated transportable building consisting of one or more units designed to be assembled at the building site, to be used for residential purposes, and which meets the standards for industrialized units, as provided for by the Ohio Basic Building Code as may be hereafter amended and as authorized by the State of Ohio Board of Building Standards pursuant to the Ohio Revised Code Section 3781.01 et seq. As amended. A "Manufactured Home" or "Mobile Home" shall not be included in this definition.


17. No television, radio or other type of external antenna or receiving dish shall be installed on any lot without the express written approval of the developer or its assignee.  Approval will only be granted if the design and location is determined by the developer or its assignee, at its sole discretion, to be of no detriment to the ascetics of the neighborhood.


18. In the event that there is invalidation of any one of these covenants, changes, restrictions or limitations by judgement or order of any court of competent jurisdiction, the same shall remain in full force and effect.


19.  No structure, including the main residence, garages, out buildings or storage sheds, shall be erected on any lot in the subdivision until the plans and specifications have been approved, in writing, as to location, grade, elevation, size of structure and external design, by an architectural committee appointed by Schlenker Developments, Inc, an Ohio Corporation, the developer.  The original committee shall consist of John A. Schlenker, Philip E. Schlenker, David P. Schlenker, and Edward Shroyer.  Approval can be granted by any three (3) of the committee members.  The building plans shall include at least a site plan, elevation plan and floor plan.


            In the event of the death or resignation of any member of the committee originally appointed, the remaining member or members of the committee shall have the power to appoint new members to fill the vacancies.


            In the event such architectural committee fails to approve or disapprove said plans and specifications within thirty (30) days after being submitted to them, then such approval shall not be required, provided the design is in harmony with similar structures in the development and conforms to all other covenants and conditions set forth herein.


20.    These Protective Covenants are in addition to any applicable City of Wapakoneta building and zoning regulations.