Kemp Woods Covenants
These covenants are provided so all residents can have their own copy for easy reference. It must be pointed out that this is a copy and, although it is an exact copy, it is not an official copy. Therefore, when official, legal reference is desired, the specific documents on file with the Clerk's Office, as stated below, must be consulted.
KEMP WOODS, SECTIONS ONE, TWO, THREE AND FOUR DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS
Be it known that a majority owners of property shown in each of the four sections of property recorded in the Clerk's Office of the Circuit Court of the City of Chesapeake, Virginia, on the plate entitled "Subdivision Plat of Kemp Woods, Section 1" registered in Map Book 90 pages 13 A-M, and "Subdivision Plat of Kemp Woods, Section 2" registered in Map Book 90 pages 27 A-G, and "Subdivision Plat of Kemp Woods, Section 3" registered in Map Book 92 pages 57-57a-g, and "Subdivision Plat of Kemp Woods, Section 4" registered in Map Book 91 pages 74, 74A, 74B, 74C, have evoked amendment to the basic covenants and do hereby declare and give notice that all NUMBERED LOTS shown on said plats are made subject to the following:
WHEREAS, Declarant wishes to declare and make known the easements, covenants, conditions, restrictions and reservations to which the lots shall be subject for the purpose of enhancing the value and desirability thereof as a residential community.
NOW, THEREFORE, Declarant hereby declares that the lots are, and shall be, held, sold and conveyed by it subject to the following easements, covenants, conditions, restrictions and reservations, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the lots, as follows:
- Numbered lots shall be used only for residential purposes and no building shall be erected, altered, placed or permitted to remain on any lot except one detached single-family dwelling of not more than two and one-half stories in height.
- All buildings erected in compliance with these covenants shall also strictly conform with any and all requirements set forth in the residential housing ordinances and regulations of the City of Chesapeake, Virginia. No residence constructed in this Subdivision shall be occupied until such time that a certificate of occupancy therefore is issued by the Director of Public works, or other authorized officer, of the City of Chesapeake, Virginia.
- Easements for installation and maintenance of facilities for utilities, including telephone, electricity and gas, and drainage facilities are reserved by the undersigned as shown on the recorded plat referenced above and/or as shown on separate easement agreements and reservations of record.
- The undersigned reserves the right to lay and operate gas, water, storm sewer and sanitary sewer improvements, and telephone and electric power lines, in on, over and under all streets and roadways shown on the recorded plat referenced above and reserves the right to put the same to such other reasonable uses as may serve the comfort and convenience of the purchasers and owners of the subdivision lots or as may serve other property of the undersigned or its assigns.
- All sewage emanating from any residence shall be disposed of by the public sewer system available to the subdivision lots.
- No noxious or offensive activity or trade of any character shall be carried on upon any of said lots nor shall anything be done thereon which may reasonably be considered a nuisance.
- Lots shall not be subdivided, except under such circumstances that a portion of a lot is to be sold to the owner of an adjoining lot and then only when such sale and subdivision is in compliance with the subdivision and zoning ordinances and regulations of the City of Chesapeake, Virginia.
- A dwelling shall not be placed, moved, altered or constructed on any lot in such a way as to face in a direction different from that in which the original dwelling on such lot faced.
- The living area of a dwelling shall not be constructed upon a slab on grade, but must be constructed over a crawl space.
- There shall be no detached structure, building or garage allowed on any lot except that for which plans are approved by the undersigned prior to construction; approval will be subject to but not restricted to construction materials similar to the dwelling. The minimum size of any detached structure should be eight (8) feet X twelve (12) feet. All approved detached structures on lakefront property must be twenty (20) feet or greater away from the slope line of the lake. No detached structure may be forward of the backline of the house. There shall be no trailer, camper, boat, shack, garage, barn or other structure of any type used either permanently or temporarily as a place of residence.
- 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 may be kept provided that they are not kept, bred or maintained for any commercial purpose.
- No truck, motor home, camper, bus, boat, or commercial vehicle or step-van shall be stored or parked on any lot except while parked in a closed garage, nor shall any of the same be allowed to park on any residential street except while engaging in transport to or from a residence in the subdivision.
- No clothing or other household fabrics shall be hung in the open on any lot unless the same are hung from a retractable umbrella, clothesline, or other retractable clothes hanging device which can be, and is, removed from view when not in use. No machinery or equipment shall be placed or operated upon any lot except such machinery and equipment as is usual in the maintenance of a private residence.
- No fences shall be erected on any lot without the prior written approval of the design and location by the undersigned, its successors or assigns, and shall not be allowed in front of the backline of any house. Fences allowed shall not be more than forty-eight (48) inches in height and shall be constructed of juniper, cypress, or wood of lasting quality. Variances to these guidelines will be dealt with on a case by case basis by the Architectural Committee which has the leeway to grant individual variances. Barbed wire and chain-link fencing are specifically prohibited. Fences shall not extend past the top of the bank on lots bordering a lake.
- No business enterprise of undertaking shall be allowed on any lot during the course of development of the subdivision or so long as homes are under construction in the subdivision, except that the undersigned or those permitted by it may use dwellings for model homes, sales offices and construction offices.
- Single story dwellings in the subdivision shall have no less than eighteen hundred (1,800) square feet of finished living space as defined herein. One and one-half story and two story dwellings in the subdivision shall have no less than nineteen hundred fifty (1,950) square feet of finished living space as defined herein. "Living space" shall be determined by exterior perimeter measurements exclusive of garage, porches, decks and/or breezeways. Rooms over garages are to be considered "living space."
- No building shall be located on any lot nearer than thirty (30) feet to the front line, or nearer than twenty (20) feet to the side street lot line, and no building shall be located nearer than ten (10) feet to any interior lot line. Per the purpose of this provision, eaves, steps and open porches shall not be considered a part of any building.
- No sign may be displayed to public view on any lot except one sign advertising the property for sale or rent and having not more than six square feet of space. Signs utilized by the undersigned, or with the approval, to advertise the subdivision and its lots during the period of development and construction shall be excluded from the aforesaid limitations. Each lot may also have one sign indicating the use of a security system up to a maximum size of twelve inches by twelve inches and a well water in use sign up to twelve inches by twelve inches where applicable.
- No lot shall be used or maintained as a dumping ground for rubbish, garbage or other waste, and the same shall be kept in sanitary containers at all times. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
- Whether or not provision therefore is specifically stated in any conveyance of record made by the undersigned, the owner or occupant of each lot by acceptance of title or taking possession covenants and agrees that no building, wall fence, mail box, swimming pool, boathouse, dock, bulkhead, dog or pet house, tool shed, antenna, satellite dish, solar panel or other structure shall be placed upon said lot or the dwelling thereon unless and until the plans, specifications and plot or site plan therefore have been approved in writing by the undersigned, its successors or assigns. No above ground swimming pool shall be permitted on any lot and any other type of swimming pool shall not be permitted until the plans and location have been first approved, in writing, by the undersigned, its successors or assigns. All plans, specifications and drawings shall be submitted in duplicate, with one set to be retained by the undersigned, if approved. Such plans, specifications and drawings shall include a floor plan drawn to scale, front elevation, and a landscaping plan providing for a reasonable number of trees and shrubs. An approved structure shall be placed on said lot only in strict compliance with the approved plans. Refusal to approve such plans by the undersigned, its successors or assigns, may be based upon any ground or reason, including purely aesthetic ones, which in the sole and uncontrolled discretion of the undersigned, its successors or assigns, shall be deemed sufficient. Without limitation to the foregoing authority and discretion of the undersigned, plans and specifications providing for cinder block or asbestos siding shall not be approved. Alteration in the exterior appearance of any approved structure or building shall not be made without compliance with the approval process set forth herein and the approval of the undersigned, its successors and assigns.
- No statues, monuments, bric-a-brac or symbols, other than the house number and name of the resident, shall be displayed from any portion of a lot or dwelling which is observable from an adjoining street. No antenna, dish satellite, communication device or solar panel shall be constructed or placed upon any lot or the exterior surface or roof of any dwelling, garage or approved structure. Transmitting, receiving and communication equipment which in any manner interferes with standard electronic equipment or appliances and radio or television reception within the subdivision shall not be allowed. All basketball hoops visible from the street must be of good quality and permanent fixtures. All children's playsets must be of good quality and upkept. One flagpole or flag will be allowed per lot with the approval of the undersigned, its successors and assigns.
- The undersigned reserves the right to designate an individual, association or corporation to act [through its board of directors and/or architectural committee(s)] for the undersigned in the approval or rejection of such plans, and for the enforcement of these restrictions, and the said designee shall have all of the power and authority reserved to the undersigned for the administration, enforcement and supervision of said restrictions. It is the intent of the undersigned that the exterior character of the structures constructed in the subdivision shall be of a uniform architectural character so as to create the overall residential nature desired by the undersigned. Should the undersigned, its successors or assigns, fail to approve or disapprove the plans and specifications submitted by an owner of a subdivision lot within thirty days after written request for such approval, then such approval shall not be required, provided, however, that no building or other structure shall be erected or allowed to remain on any lot which violates any of the covenants, restrictions or reservations set forth herein. The undersigned may, in its sole discretion, terminate its responsibilities pursuant hereto by executing and recording a supplement to this declaration stating that it has elected to do so. If at any time thereafter there exists or come into being a homeowner's association or civic league having at least a majority of the lot owners in the subdivision as its members; that association or league may assume the responsibilities of the undersigned pursuant hereto with respect to the approval and/or disapproval or plans and specifications submitted by lot owners. Assumption of said responsibilities by such an association or league may be had by resolution of a quorum of the membership at a duly called meeting and the execution and recordation of a proper instrument setting forth such assumption.
- Oil and fuel tanks shall be completely buried in the ground. No barrel or tank of any nature shall be permitted for storage purposes on any lot.
- No driveway shall be constructed or maintained to or on any lot in such a manner as to obstruct the normal drainage of the street on which said lot fronts, and to that and such driveway shall have an apron of proper design. The installation of said apron shall be accomplished by either saw cutting the curb and removing same at the new joint or by removing the curb at an existing joint. Uneven, unaligned and broken edges on curbs shall not be permitted.
- The undersigned reserves the right, but shall have no obligation or responsibility, to dredge any water courses shown on the aforesaid plat of subdivision and to deposit the dredge material on so much of any lot bordering a line located ten feet outside of the top of the slope leading to the dredged water course. The undersigned shall have an easement twenty feet in width on each side any water line for maintenance purposes, such easement to expire two years from the date of acceptance by the City of Chesapeake of the streets in the subdivision shown on the aforesaid plat. The owner of any lot extending into or to any lake shown on said plat shall have the right to reasonable use of the lake for recreational purposes (such right not including any obligation on the part of the undersigned to dredge or maintain such lake), but motorized boats shall be prohibited on such lake. The owner of any lot extending into or to any such lake shall have the obligation to maintain and keep clean the banks and slopes along said lake and so much of such owner's land as may be under the water in the lake.
- These covenants, easements, restrictions, reservations and rights of way shall run with the land and shall be binding on all parties claiming title to the numbered lots shown on the said recorded plat for a period of twenty-five years from the date of the recording of this declaration, and thereafter for successive periods of ten years until such time as a majority of the lot owners in the subdivision execute an addition, change or amendment thereto and duly record the same.
- In order to insure the orderly development of the subdivision and to prevent hardship, the undersigned reserves the right to amend, modify, change or eliminate any or all of the foregoing declaration prior to the conveyance of any lot in the subdivision, or thereafter with the concurrence of a majority of the lot owners in the subdivision as indicated in writing.
- In the event of a violation or breach of any part of this declaration by any person, the undersigned, its successors or assigns, or the owner of any lot in the subdivision shall have the right to proceed at law or in equity to compel compliance with the terms hereof or to prevent or enjoin the violation or breach of the terms hereof. The failure to enforce the terms hereof, regardless of the length of time of such failure, shall not be deemed a waiver of or bar to the right to do so at any time as to the unenforced violation or as to any violation occurring prior or subsequent thereof.
- In the event that any part of this declaration shall be adjudged or decreed invalid, such invalidation shall not invalidate the whole declaration, but shall pertain only to the particular provision in question, and the remainder of this declaration shall continue to be valid, binding and full force and effect.
- The Architectural Committee has the authority to grant variances for any exceptions to the covenants on a case by case basis.
- In any proceeding arising out of any alleged violation or breach of this declaration by any person, the prevailing party shall be entitled to recover the costs of such proceeding and such reasonable attorney fees as may be determined by the court.
IN WITNESS WHEREOF, the undersigned has caused this declaration to be executed this 26th day of September 1988, and as amended and recorded in Deed Book 2361 at page 852. Plat of the City of Chesapeake, Virginia, on the plate entitled "Subdivision Plat of Kemp Woods, Sections 1 and 2." Deed Book 2428 at page 716. Plat of the City of Chesapeake, Virginia, on the plate entitled "Subdivision Plat of Kemp Woods, Section 3." Deed Book 2398 at page 575. Plat of the City of Chesapeake, Virginia, on the plate entitled "Subdivision Plat of Kemp Woods, Section 4."
Last updated: 15 October 2002