The following
Conditions, Covenants, and Restrictions are
contained in an instrument recorded in the Office of the
Clerk of the County of Pike, Commonwealth of Pennsylvania
on July 12, 1973 and various other dates. They shall be
perpetual unless otherwise specified and shall apply to
the entire subdivision known as POCONO MOUNTAIN WOODLAND
LAKES.
1.
The premises hereby conveyed shall be sued for
residential purposes only. No building shall, be erected,
altered, placed or permitted to remain on the premises
hereby conveyed other than one (1) detached single-family
dwelling, not to exceed one and one-half (1 ½) stories in
height and a private garage for not more than two (2)
cars.
2.
No building shall be located on any lot nearer than
120 feet to the front line or nearer than fifteen (15)
feet to any side yard line or nearer than thirty (30) feet
to any combined side yard or nearer than twenty-five (25)
feet to any rear lot line.
3.
Easements for installations and maintenance of
utilities and drainage facilities are reserved over the
front ten (10) feet of each lot and side and rear five (5)
feet of each lot.
4.
No structure of any temporary character, trailer,
basement, tent, shack , garage, barn or other out-building
shall be used on any lot at any time as a residence,
either temporarily or permanently.
5.
No animals, livestock or poultry of any kind shall
be raised, bred or kept on any lot, except that a dog, cat
or other household pet may be kept provided that they are
not kept, bred or maintained for any commercial purpose.
6.
No lot shall be used or maintained as a dumping
ground for any rubbish, trash, garbage or other waste
shall be kept in sanitary containers. NO
motor vehicle or any substantial part of one shall be kept
on any Lot unless they are currently licensed for
operation on public highways.
7.
No individual water supply system shall be
permitted on any lot or building site unless such system
is located, constructed and equipped in accordance with
the requirements, standards and recommendations of the
State and /or local public health authorities.
8.
No individual sewage disposal system shall be
permitted on any lot or building site unless such system
is designated, located and constructed in accordance with
the requirements, standards and recommendations of the
State and/or local public health authorities.
9.
No building or structure, including water and
sewage disposal system shall be erected upon the premises
hereby conveyed without first obtaining the approval, in
writing, of the seller, as to location, elevation, plan
and design. The
seller shall approve or disapprove the said location,
elevation, plan and design within fifteen (15) days after
the same have been submitted. Such
approval will not be unreasonably withheld and is subject
to the requirements, standards and recommendations of the
State and/or local public health authorities.
10.
No excavation shall be made on the premises except
for the purpose of building thereon and only the time when
building operations are to commence. NO
earth or sand shall be removed from the premises, except
as part of such excavation, without the written consent of
the seller, which shall not be unreasonably withheld.
11.
Purchaser shall not clear the lot of brush or trees
or do any burning of any nature, whatsoever, except after
having first obtained the approval of the Seller, in
writing. Such approval to specify the time and manner in
which such clearing or burning shall be done.
12.
Until dedicated to public use, title to the portion
of the lands of the Seller laid down on maps as streets,
shall remain in the Seller subject to the right of the
Purchaser and others and those claiming under them, to use
the same for ingress and egress to and from public roads
and subject to the right of the Seller to maintain or
grant the right to maintain water mains, sewer pipes,
street drains, gas mains, fixtures for said private
street, roadways and right of ways or some of them to
Pocono Mountain Woodland Lakes Community Associations,
which may be formed in the future or any other group,
company or corporation designated by the Seller.
13.
The Purchaser agrees not to permit signs for
advertising purposes to be erected or maintained on the
premises.
14.
The Purchaser agrees to join the Pocono Mountain
Woodland Lakes Association, if, as when same is formed and
to maintain such membership and pay one (1) such annual
fees and dues as the Association may by its By-Laws
prescribe, (ii) such assessments as the Association may
charge for the repair and maintenance of the streets and
roads and other common facilities, if any. It is understood and agreed that the Seller, being a member of
the Association by virtue of the lands owned by the
seller, will not be liable for such annual fees and dues,
assessments and charges. The Purchaser hereby agrees to
require as a condition precedent to the sale of the
premises hereby conveyed, that any subsequent Purchaser
shall join the aforesaid Association.
15.
Until such time as grantee joins the Property
Owners Association and begins paying its charges and dues,
each lot owner shall pay to the seller the sum of ninety
($90.00) dollars per year for road maintenance, snow
removal, etc...
16.
Anyone making a nuisance of himself or herself,
shall at the discretion of the Seller, be denied the
privileges at the recreational facilities for a limited
period of time.
17.
It is covenanted that the Seller shall have the
right after giving five (5) days notice to the Purchaser,
to enter the premises upon which any structure or nuisance
having been erected or maintained contrary to any of these
covenants and remove said objectionable structure or
nuisance without liability for damage for such action,
assessing the reasonable cost thereof against the owner.
18.
All sewage disposal systems shall be constructed in
accordance with recommended standards of the public health
authorities, sewage disposal systems will not be installed
within fifty (50) feet of any body of water or water
course, or within ten (10) feet of any lot line.
19.
All corner lots shall be subject to sight easements
over a triangle, the legs of which are thirty (30) feet
measured along the street right of way lines from their
point of intersection.
20.
The seller shall have the right to charge, amend or
modify these covenants so long as the change, amendments
or modification does
not alter the residential nature of the development or
deprive the
purchaser of his frontage or of ingress or egress over the
street or
road upon which his lot fronts to a public highway or
road.
21.
Failure to promptly enforce any of the foregoing
restrictions, conditions or covenants shall not deem a
waiver of right to do so thereafter, as to any continuing
subsequent or other violation.