Ranch Members gain unrestricted access to advance tee time reservations for the current year. No greens fees are assessed for a round of golf. The general public must prepay for advance reservations or schedule tee times within 14 days.
THE RANCH GOLF CLUB ESTATES AMENDED AND RESTATED RESTRICTIVE COVENANTS
The purpose of the hereinbelow set forth restrictions (the "Restrictions") are to provide for the orderly development of the subdivision known as "The Ranch Golf Club Estates" (the "Subdivision"). The owners of the property within the Subdivision (the "Owners") wish to have construction commence forthwith upon the sale of individual lots and provision is hereby made in this set of Restrictions to accomplish the result. The Owners hereby appoint an Architectural Review Committee (the "ARC") which has been formed for the purpose of the various approvals required in the following Restrictions. The original members of the ARC are David Hall and Peter Clark. In the event of a resignation of or inability of a member of the ARC to remain on the ARC, the remaining member shall appoint a new member. Upon the sale of the last lot in the Subdivision so that Sunnyside no longer owns any of the lots, the members of the ARC shall all resign, and the current officers of Sunnyside Ranch Estates Property Owners Association, Inc. (the "Association") shall become the members of the ARC.
1. No building other than a private dwelling arranged for the occupancy of not more than one (1) family and consisting of not less than (i) two thousand six hundred (2,600) square feet of living space if the structure is either a two (2) story or Cape design house, or (ii) two thousand three hundred (2,300) square feet of living space if the structure consists of one level, in either case exclusive of any garage, breezeway or cellar and attached private garages for not less than two (2) or more than (3) automobiles used in connection with such dwelling house shall be erected and maintained on any lot, and no use of said lots shall be made for business or commercial uses. The ARC may grant exceptions to the square footage requirements set forth in this paragraph (in its absolute discretion) in the event of exceptional architectural plans which shall enhance the value of the structure to be erected and/or exceptional landscaping plans which shall also add additional value to the site. No development of any structure or improvements shall commence on any lot within the Subdivision unless and until the applicable lot owner presents to the ARC plans and specifications for the structure and the ARC grants preliminary approval to the lot owner in accordance with paragraphs 3 below. Upon completion of the structure, the ARC shall grant final plan approval so long as the structure has been constructed in accordance with the plans and specifications that received preliminary approval and all of these Restrictions. The ARC reserves the right to request references for an applicant's proposed contractor and major subcontractors. The ARC reserves the right to deny approval of a contractor or major subcontractor, if the ARC determines, in its discretion, that it is unlikely to meet the Subdivision's high standards for quality, timeliness and professionalism. In addition, the ARC reserves the right to require payment of performance bonds from the lot owners to secure the obligations of contractors to perform in accordance with approved plans and specifications and these Restrictions.
2. The requirements of this Paragraph 2 shall not apply to those contractors included in the Sunnyside Ranch Estates Preferred Builders Program, as established and revised by Sunnyside.
3. The location of all buildings and structures, including in-ground swimming pools, and the location of driveways as well as all site clearing, including tree removal, and the building plans and specifications for the same must be approved in writing by the ARC before f construction begins.
4. All landscaping plans for all sides of any structure must be approved by the ARC in writing prior to the commencement of any work. All property fencing, mailboxes and their posts must be approved by the ARC in writing before their installation.
5. During construction, the area between the front foundation line of the main structure and the road frontage must be put to final grade level promptly after the framing of the main structure is completed. During construction, all sites shall be provided with on-site porta-potties or other adequate sanitary facilities.
6. No more than seventy (70%) percent of the standing trees (which includes the area prepared for the home and leach field location) shall be removed from any lot. As set forth in Paragraph 4 above, lot owners may not remove trees prior to approval of plans by the ARC following a site walk through by an ARC representative. As stated above, all tree cutting must be approved by the ARC prior to cutting.
7. All siding on residences, garages and outbuildings and colors thereof must be approved by the ARC in writing. All exterior windows, facades, cornices and trim work must be approved in writing by the ARC.
8. All landscaping plans shall provide for the "Typical Driveway Entrance Monument" to the driveway as shown on the Typical Driveway Plans dated 3/28/02 and designed by Plan It Green architect David Paine of Westfield, Massachusetts. The lot owner shall build the stone monument with street address number and apply the blacktop stamp pattern from the curb to the stone monument as shown on such Typical Driveway Plans.
9. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently. Notwithstanding the foregoing, the ARC shall allow a tool house, playhouse, greenhouse or similar structure or an outbuilding for storage purposes only provided that any such building shall not exceed six hundred (600) square feet and shall be one (1) story only, as is customarily used in connection with single family dwelling houses situated in similar neighborhoods in the area. Before said building may be erected, however, request must be made to the ARC and permission must be granted in writing as to building plans, site location and design.
10. No above-ground swimming pools shall be allowed on any lot. No clotheslines shall be erected outside on any lot or attached to any of the buildings.
11. To protect the strategic integrity and view corridors of the golf course known as "The Ranch Golf Club", there shall be no fences, walls, hedges, landscaping, tree removal or tree pruning along golf course frontage without the prior written approval of the ARC and the management company of The Ranch Golf Club. No fence, wall, hedge, planting (except shade trees or single plants or bushes) or obstruction of any kind shall be closer to the street than the front of the front foundation wall of the dwelling or garage unless specifically approved in writing by the ARC.
12. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lots within the Subdivision except that dogs, cats and other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose.
13. No noxious or offensive trade or activity shall be carried on upon any lots within the
Subdivision nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood, and no part of said lots shall be used for storage purposes, except as approved by the ARC in accordance with paragraph 9 hereof.
14. No commercial vehicles, unregistered automobiles, campers, trailers, mobile homes, boats or anything larger than a % ton truck shall be stored on any lots within the Subdivision unless they are stored completely within the house or garage.
15. Owners of lots within the Subdivision are responsible for the grading and seeding of tree belts and for the maintenance of the berms and curbs, iron pins and concrete bounds as originally set by the ARC or the Association. The owners shall be assessed by the Association for any cost of grading and seeding of said tree belts. The owners shall also be assessed by the Association for the cost of replacing curbs, berms, and iron pins or concrete bounds if any are removed whether accidentally or otherwise.
16. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All rubbish, trash and garbage shall be kept in the garage or in suitable containers to the rear of the home except on the day appointed for collection by municipal or other authority. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition.
17. All construction on each lot within the Subdivision shall be completed and a certificate of occupancy issued by the Town of Southwick within nine (9) months from the date the building permit is issued. Construction on each lot must begin within eighteen (18) months from the date of closing of the purchase and sale of the lot. In the event that construction has not commenced within said eighteen (18) month period, Sunnyside shall have the right, but not the obligation, to repurchase at any time, at Sunnyside's sole option, the lot at the original purchase price of the lot plus five percent (5%) of the original purchase price per year since the date of closing. All parties who acquire title to property in this Subdivision agree that this right to repurchase is enforceable and shall cooperate in all respects to convey their property to Sunnyside in the event that Sunnyside elects to enforce this paragraph of the Restrictions.
18. Enforcement of these Restrictions shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any Restriction set forth herein either to restrain such violation or to recover damages.
19. Invalidation of any one of these Restrictions by judgement or Court order shall in no way affect any of the other provisions, which shall remain in full force and effect.
20. All persons who purchase lots in the Subdivision shall belong to the Association and be subject to the Association By-Laws and other rules including rules regarding fees and assessments due from lot owners. The Association shall maintain and pay for the ongoing maintenance of all private roadways and sidewalks within the Subdivision including snowplowing, sanding, street signage, lighting, landscaping and landscape maintenance of all common areas.
21. The Association shall maintain the open space and common areas under long-term lease and management contract with The Olde Farm Golf Club, LLC and the Management Company operating The Ranch Golf Club.
22. The common open space depicted on the Subdivision Plans shall be kept in an open and natural state. Said space shall not be built upon for any reason, except that underground utilities may be installed as required for stormwater management, telephone, electrical, gas or other services to accommodate the residential properties or golf course operations. The open space shall not be used for the location of any part of a septic system, roadway or driveway. The owners of lots within the Subdivision and their guests may use the open space for passive recreation such as walking, hiking, picnicking, birding and other passive activities.
23. No lot within the Subdivision may be used for all or part of a roadway or driveway which is intended to serve any other lot or property, either within or outside of the Subdivision.
24. These Restrictions are enforceable by the Association and each owner of property within the Subdivision.