Prepared by and return to:
William Brumsey, III
BRUMSEY AND BRUMSEY, PLLC
PO Box 100
Currituck, NC 27929
NORTH CAROLINA
CURRITUCK COUNTY
RESTRICTIVE COVENANTS
FOR SHINGLE LANDING
KNOWN ALL MEN BY THESE PRESENTS:
That CTX, Inc. a North Carolina Corporation herein sometimes referred to as “Declarant” does
hereby covenant and agree to and with all other persons, firms, or corporations hereafter acquiring Lots
1 through 82 as shown on that certain plat entitled in part: “Shingle Landing, Moyock Township,
Currituck County, North Carolina”, prepared by Hyman and Robey, PC, recorded in Plat Cabinet ____,
Slides _____ and ____ of the Currituck County Registry, as shown on said plat shall be subject to the
following restrictions as to the use thereof running with the properties by whomsoever owned, to wit:
1. PURPOSE: All lots shall be used for residential purposes only.
2. APPROVAL OF BUILDING PLANS: No dwelling or other structure shall be erected,
placed or altered on any lot until the proposed building plans and specifications have been
approved in writing by the Declarant or by the Declarant’s designee(s), successors or assigns.
Refusal of approval of plans or specifications may be based upon any grounds including
purely aesthetic considerations, harmony of external design, location in relation to
surrounding structures, and topography, which in its sole and uncontrolled discretion, the
Developer shall deem sufficient. Exterior siding to be vinyl brick, nail lite, cement
fiberboard or other material approved by the Declarants.
3. PROPERTY OWNER’S ASSOCIATION:
A. A corporation named Shingle Landing Property Owners’ Association, Inc., (the
“Association”) or some other name chosen by the Declarant, will be formed pursuant to
the rules and requirements of the Nonprofit Corporation Act (Chapter 55A) of the
General Statutes of North Carolina, as an association of the owners of the lots. Its
purposes shall be to own, manage, maintain and operate all open areas and community
facilities which are dedicated by the Declarant upon the development of the property; to
enforce the restrictions contained herein; and to make and enforce rules and regulations
governing the owners’ use and occupation of lots and proposed community use areas.
B. Each owner of each lot within the Subdivision shall be a member of the Association. The
Declarants and the owners of the individuals lots by their acceptance of individual deeds
thereto, covenant and agree with respect to the Association that:
1.
2.
3.
For so long as each is an owner of a lot within the Subdivision, each will perform
all acts necessary to remain in good and current standing as a member of the
Association;
Each owner shall be subject to the rules and regulations of the Association with
regard to the ownership of a lot;
Annual assessments and charges may be assessed by the Association in such
amount as may be required to satisfy the requirements of theses Restrictive
4.
Covenants. The purpose of the annual assessments is for the maintenance of
drainage facilities and common areas or for any other legal purpose approved by a
majority of the members of the Association.
Any unpaid assessment, whether general or special, levied by the Association in
accordance with these Restrictions, the Articles or the bylaws of Association,
shall be a lien upon the lot upon which said assessment was levied, and shall be
the personal obligation of the owner of the lot at the time the assessment became
due.
C. Each membership in the Association shall relate to and have a unity of interest with an
individual lot, which may not be separated from ownership of said lot.
D. The Association shall have one class of members who shall be the lot owners. Each
member shall be entitled to one vote for each lot owned. If more that one person or
organization owns a lot, there shall be no more than one vote for each lot owned.
4. MINIMUM SQUARE FOOTAGE: No single story dwelling shall be constructed or allowed
to remain on Lots 5 through 15, 38 through 54, 63, and Lots 76 through 82 having less than
1,800 square feet of heated living area. No two story dwelling shall be constructed or
allowed to remain on the aforesaid lots having less than 2,200 square feet of heated living
area. As to all other lots within the subdivision the following minimum square footage
requirement will apply; 2,000 square feet of heated living area for one story dwelling and
2,200 square feet in heated living area for two story dwellings. Specifically excluded from
the computation of minimum square footages are porches, garages and exterior storage areas.
All dwellings shall have a garage of sufficient size to accommodate at least two standard size
automobiles. If the garage is a detached garage, it shall be constructed of the same exterior
building materials as the principal residence.
5. SETBACK REQUIREMENTS FOR SINGLE FAMILY DWELLINGS: Except for Lots 16,
17, 18, 19, 20, 21, 27 and Lot 30, no building shall be constructed on any lot nearer than 65
feet to the front (street) lot line, 15 feet from any side lot line or nearer than 30 feet from any
rear lot line. As to Lots 16, 17, 18, 19, 20, 21, 27 and 30, the setbacks as shown on the
recorded subdivision plat shall apply. NOTE THAT THE SETBACK LINES ON THE
RECORDED SUBDIVISION PLAT DIFFER FROM THOSE SET FORTH HEREIN,
EXCEPT FOR LOTS 16, 17, 18, 19, 20, 21, 27 AND 30. THE SETBACK LINES
ESTABLISHED BY THIS PARAGRAPH SHALL CONTROL TO THE EXTENT THERE
IS A CONFLICT WITH THE RECORDED SUBDIVISION PLAT.
6. SETBACK REQUIREMENT FOR PRIVATE GARAGE: All outbuildings, including private
garages, shall comply with the street setback set forth in Article 4 but shall be required to
observe only ten (10) foot setback, side boundary lines. All private freestanding garages
shall be required to maintain a ten (10) foot setback from the principal dwelling. All other
setbacks for garages shall be as stated in the next preceding paragraph.
7. RESUBDIVISION OF LOTS: No lot shall be subdivided into a lot having less than the
dimensions of the original lot. However, nothing herein contained will prevent a lot being
subdivided and combined with an adjoining lot to form one residential unit. If such a
division were to occur the title to the portion of the divided lot could pass only when
conveyed with the lot with which it was combined. In the event of a division of a lot as
herein provided or the combination of two or more lots, the side lot building setbacks would
apply to the outside boundaries of the resulting lot.
8. NO OFFENSIVE ACTIVITY: No noxious or offensive activity shall be carried on or
conducted upon the lots or nor shall anything be done thereon which may become an
annoyance of nuisance to the neighborhood. The discharging of firearms within the
subdivision is specifically prohibited unless for protection of person or property.
9. LOT MAINTENANCE: Each lot owner shall keep lots free of tall grasses, dead trees, trash
and rubbish and shall properly maintain the lot, so as to present a well kept appearance.
10. ANIMALS: No animals may be kept on any lot except the usual household pets, so long as
they are not kept for breeding or any other commercial purposes.
11. CONSTRUCTION ON LOT: No mobile homes, trailer, doublewide mobile homes,
prefabricated home, modular home or pre-existing home of any type, kind or description
shall be placed upon or allowed to remain on any lot of the subdivision lots. It being the
express intent of this provision that all dwellings and outbuildings, including private garages,
be constructed on site.
12. TEMPORARY STRUCTURES: No structure of a temporary character shall be placed upon
any portion of any lot. Temporary shelters, tents, travel trailers, campers of self-propelled
mobile homes shall not at any time be used as a temporary residence. Campers, travel
trailers, boat trailers, self-propelled mobile homes and other vehicles of that nature may be
stored on a lot, provided they do not constitute a visual nuisance and are stored in compliance
with the setback requirements of Articles 4 & 5 on a lot with an existing dwelling.
13. TIME OF CONSTRUCTION: Any construction of a dwelling or private garage situated on
any lot shall be completed within one year of the date of the commencement of construction.
14. SIGNS: No signs of any kind shall be displayed to public view on any lot except a sign of not
more then 5 square feet advertising the property for sale or rent or signs used by contractors
during the construction period. This provision shall not apply to the developers for a period
of eighteen months after the recordation of the subdivision plat.
15. UTILITIES: All telephone, electric and other like utility lines and connection between the
main utility lines and residences shall be underground.
16. UTILITY EASEMENTS: Declarant reserve unto themselves a 10 foot easement, unless a
greater width is shown on the recorded subdivision plat, along and adjacent to all lot lines for
the installation and/or maintenance of utility wires, fixtures, circuitry for electric, telephone
and cable television services and for the installation and/or maintenance of water lines.
17. DRAINAGE EASEMENTS AND ASSESSMENT: Declarant reserve unto itself a 10 foot
easement, unless a greater width is shown on the recorded subdivision plat, along and
adjacent to all lot lines for the installation and/or maintenance of drainage.
18. STORMWATER MANAGEMENT: The covenants in this Paragraph are intended to ensure
ongoing compliance with state stormwater management permit number ______________ as
issued by the Division of Water Quality. The covenants in this Paragraph 18 may not be
changed or deleted without the consent of the State.
a. No more than 13,000 square feet of any lot shall be cover by structures or impervious
materials. The term “lot” as used in this paragraph includes that portion of the street right
of way between the front lot line and the pavement. Impervious materials included
concrete, brick, stone, slate or other similar material, but does not include wood decking.
b. Swalls or ditches shall not be filled in, piped, or altered except as to provide average
driveway crossings. Such activities are strictly prohibited.
19. DRIVEWAYS: Prior to commencement of construction of improvements or clearing of any
lot, other than by hand, the owner shall place a temporary or permanent driveway to provide
entry to the lot from the road. All drives to be completed by the completion date of
construction and are to be constructed of concrete. All driveway culverts to be installed to
meet specifications of North Carolina Department of Transportation. Masonry type structure
for mail boxes are/or masonry type columns or other similar structures shall not be
constructed within street right of way.
20. SWIMMING POOLS: No above ground swimming pool shall be placed upon or allowed
remaining on any lot.
21. SATELLITE DISHES: No satellite dishes having a diameter of more than 36 inches shall be
placed upon or allowed to remain on any lot.
22. FENCES: In order to retain the aesthetic qualities of the neighborhood, the following
restrictions relating to fencing will be enforced:
A. On all lots other than corner lots, no fence shall be installed in front of the rear lines
of any house, and those fences in locations where erection is permissible shall not be
more than four (4) feet in height. No chain link fence.
B. On all corner lots, no fence shall be installed in front of the rear line of any house nor
shall any fence be installed closer to the side street curb than the side line of any
house. All fence sections, where permissible, shall not exceed four (4) feet in height.
23. OUTSIDE STAIRWAYS: No outside stairways shall be permitted to the second floor of any
structure constructed on any lot.
24. DRAINAGE: No lot owner shall block any ditches or other drainage areas.
25. The streets delineated on the subdivision map are designated as “Private”. Declarant reserves
unto itself the absolute right to dedicate the streets to the public and to execute rights of way
agreements or any other documents required by the North Carolina Department of
Transportation, or any other governmental entity, for acceptance of the streets as public
streets. Declarant may do the foregoing without the consent or joiner of any lot owner or the
Property Owners Association. It being the present intent of the Declarant to make the streets
public.
26. Declarant reserves unto itself and its successors and assigns the right to use all streets shown
on the subdivision Plat recorded in Plat Cabinet _____, Slides ____ and _____, as a means of
ingress and egress to and from any adjoining property now owned by or hereafter acquired
by Declarant. Declarant further reserves the right to grant easement for all utilities within the
street rights of way to supply utilities to the lots within the subdivision and to any lots or
parcels of property that Declarant may have on other properties owned by the Declarant.
IT IS THE EXPRESS INTENT OF DECLARANT TO DEVELOP OTHER PROPERTIES
THAT WILL UTILIZE THE SUBDIVISION STREETS SHOWN ON THE PLAT RECORDED
IN PLAT CABINET ______, SLIDES ____ AND _____, as means of ingress and egress and as
rights of way for utilities.
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 (20) years from the date these covenants are recorded, after
which time the covenants shall automatically be extended for successive periods of ten (10) years.
These covenants may be amended in the first twenty (20) year period by the Declarant, and
thereafter by an instrument signed by not less than seventy-five percent (75%) if the Lot owners. If any
amendment to these covenants is executed, such amendment shall be recorded in the Currituck County
Registry and delivered to the Shingle Landing Property Owners’ Association, Inc.
Any owner of the lots within said subdivision shall have the right to enforce these covenants and
restrictions by proceedings at law or in equity against any person or persons violating or attempting to
violate any covenant or restriction whether such action is to restrain the violation of said covenant or
restriction or to recover damages.
Invalidation of any of these covenants by judgement or court order shall in no way affect any of
the other provision and the other covenants shall remain in full force and effect.
It shall be expressly stated within the restrictive covenants/homeowners association documents
that it will be the responsibility of the developer or successors or assigns to enforce such covenants or
restrictions until such time as control has been transferred to the Homeowners Association Board of
Directors. It shall be the sole responsibility of the developer, successor or assigns to correct any
deficiencies prior to transfer of control over the Homeowners Association Board of Directors.
IN TESTIMONY WHEREOF. Developers have hereunto set their hands and seals the ____, day
of _____, 2007
CTX, Inc.
BY:___________________________________(SEAL)
Jerry L. Old, President
State of North Carolina
County of Currituck
This ____ day of ______, 2007 personally came before me Jerry L. Old who, being by me duly
sworn says that he is President of CTX, Inc. a North Carolina Corporation, and that said writing was
signed by him in behalf of said corporation by its authority duly given. And the said Jerry L. Old
acknowledged the said writing to be the act and deed of said corporation.
Witness my hand and official stamp or seal this ____, day of _____, 2007.
(seal)
My commission expires Nov. 19, 2007
___________________________
Notary