Dawson’s Mill Covenants, Conditions & Restrictions (CC&Rs)

DECLARATION OF PROTECTIVE COVENANTS
CONDITIONS AND RESTRICTIONS FOR DAWSONS MILL
By adoption of this plat, Dawson’s Mill, LLC, owner of all of the lots and land
embraced herein, hereby grants to Central Alabama Electric Cooperative, AT&T,
Alabama Power Company and Alabama Corporation, their successors and assigns, or other appropriate public or quasi-public utilities, the easements along and over all of the lots and property reflected hereon, together with the right to construct, install, operate and maintain along said easements, all conduits, cables, transclosures and other appliances and said facilities useful or necessary in connection therewith, for the underground transmission and distribution of electrical power, underground communication conductors, and natural gas service, upon, under and across said easements. Also granted hereby is the right to install and maintain underground service laterals from said easements to serve the building or buildings on each lot herein.

By adoption of this plat, Dawson’s Mill, LLC, the owner of all of the lots and lands
embraced herein, hereby adopts the following protective covenants and imposes them upon the property comprising said plat and upon all portions therein. These protective covenants shall run with the land and shall be binding on all parties or legal entities and on all persons or legal entities claiming under them for a period of twenty-five (25) years from the date of the recording of this plat, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument, signed by a majority of the then owners of the lots located herein, has been recorded, agreeing to change said covenants, in whole or in part. Enforcement of these protective
covenants shall be by proceeding at law or in equity against the persons, persons, or legal entities violating or attempting to violate any of these covenants. Said action may be either to restrain violation or to recover damages therefor. Invalidation of any one of these covenants, or any portion thereof, by judgment or court order, shall in no way affect any one of the other provisions or other portions thereof, which shall remain in full force and effect.

Any Covenant, Condition or Restriction set out herein shall be subject to any
zoning requirement or governmental standard or requirements which shall be more restrictive, to the effect that no owner should interpret these covenants, conditions and restrictions to allow the owner to violate any such zoning requirement or governmental standard.

No lot shall be used except for single family residential purpose.
No buildings, or additions thereto, shall be erected, altered, placed, or permitted to remain on any lot herein other than one (1) detached single-family dwelling not to exceed two and one-half (2 1/2) stories in height. This covenant shall not be construed to prevent necessary outbuildings as hereinafter authorized and provided, nor prohibit a private garage for not more than two (2) automobiles as long as such meets the other requirements of the covenants, conditions and restrictions. No buildings or additions thereto, nor any fencing shall be erected, altered or placed on any lot until plans and specifications have been approved by the Architectural Review Board, as hereinafter detailed.
No residence shall be erected upon any lot within the subdivision unless the total heated and cooled square footage of the dwelling, exclusive of open porches, attached garages, or carports, is at least 1,200 square feet. For the purpose of this paragraph, one-half (1/2) of the square footage (up to a maximum of 200 square feet) of an attached and enclosed garage shall be considered in the minimum square footage for a dwelling provided, however, that garage doors are installed and the exterior finish of the attached garage is the same as that of the main residence. The garage walls and ceiling must be completely finished with sheetrock and a continuous wood base and garage door must be electrically operated with a remote. A carport under a roof which is attached to a dwelling shall not be considered as a garage for this purpose. No dwelling shall be constructed in excess of two (2) stories in height, except that the area of the dwelling which is normally considered to be a basement or the attic area can be used for additional living space so long as the normal roof line of a two (2) story dwelling is maintained (as viewed from the street directly in front of the lot), with the resulting dwelling being referred herein as a two and one-half (2 1/2) story dwelling.
No building shall be located on any lot nearer to the front lot line or the side street line than the minimum building setback lines shown on the recorded plat, or to any interior lot line than as permitted by the City of Prattville Zoning Regulation for the approved PUD (Planned Unit Development) as of the recording date of this plat. Side yards shall not be less than three (3) feet and a minimum of at least ten (10) feet between houses. The rear yard for residence on any interior lot shall not be less than fifteen (15) feet.
No dwelling shall be erected or placed on any lot having a width of less than
forty-five (45) feet at the minimum set back line, except that dwellings may be
erected on any lot as originally platted. The lots shown on this plat may be further modified for the purpose of increasing the size of adjacent lots, however, no additional building lots may be created by a modification of the lots shown hereon by resubdivision thereof, provided that any relocated interior lot line shall not be nearer five (5) feet to any part of any dwelling, exclusive of overhang, and provided that no lot shall be reduced so as to reduce its size at the minimum setback line to less than forty-five (45) feet. In the event of any resubdivision of any lot shown on this map, the tract so constituted shall be considered as and referred to as one lot for the purpose of these covenants shall apply the same as if said tract has been platted as one lot on this plat. Should the owner of two (2) adjacent lots desire to build and maintain a dwelling on both lots, then the side lot restrictions shall apply only to the extreme side lines of the combined lots.
All construction once begun must be pursued to completion with due diligence. Exposed metal chimneys of pre-fabricated fireplaces are prohibited on the front or side of houses. Fences are to be constructed of fence grade wood. Roof pitch minimum is to be six (6) to twelve (12) feet. No exposed concrete block on any elevation is permitted. All driveway designs must accommodate parking for a minimum of two (2) vehicles.
Easements for installation and maintenance of utilities, and private drainage and access are reserved as shown on this plat. The easement area of each lot and all improvements within the easement areas shall be maintained continuously by the owner of the respective lot, except for those improvements for which a public authority or utility company is responsible. No object or improvement may be placed or constructed, either partially or wholly, and no lot owner shall otherwise do anything within the area of a drainage easement if it prevents, impairs or diverts, in any way, the free flow of water in or through said drainage easement. No fences will be allowed within a drainage easement shown on the plat.
No separate garages or outbuildings or auxiliary structures of any kind or nature, except garden or ornamental landscape structures, shall be erected or allowed to occupy any portion of lot in the rear of the residence, and no such building shall be constructed, used or occupied prior to the construction of the main house structure, except such as may be used in storing tools and materials for the construction of the main house. In no event are any metal outbuildings permitted on any lot. All structures must be approved by the Architectural Review Board before placement.
No noxious or offensive trade or activity shall be carried on upon any lot, nor
shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighbors or the neighborhood.
No structure of a temporary character (trailer, tent, mobile home, motor home,
basement, shack, garage, barn, other outbuilding or auxiliary structure) shall be used at any time as a residence, either temporarily or permanently.
No sign of any kind shall be displayed visible to the public view on any lot except one (1) professional sign of not more than one (1) square foot. In the case of advertising the property for sale or rent, or in the case of signs used by a builder to advertise the property during the construction and sale period, one sign of not more than five (5) square feet of advertising shall be allowed on any lot.
No oil drilling, oil development operations, oil refining, quarrying or mining
operations of any kind shall be permitted upon, in, or under any lot, nor shall oil wells, tunnels, tanks, mineral excavations or shafts be permitted on, upon, or under any lot. No derrick or other structure designed for use in drilling of oil or natural gas shall be erected, maintained or permitted upon any lot.
No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, and other normal and common household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes, provided that they are kept in reasonable numbers (maximum of 3) and under reasonable conditions so not to create a nuisance and not to otherwise unreasonably disturb the neighbors or the neighborhood.
No fence, wall, hedge, or shrub planting which obstructs sight lines on
elevations between two (2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner lot within that triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the corner intersection of said street lines. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway pavement. No tree shall be permitted to remain within such distances, areas, or such intersections unless the foliage line is maintained at a sufficient height to prevent obstruction of such sight lines.
No boat, boat trailer, house trailer, trailer, camper, motor home, or any similar
items shall be stored on any lot or parked in the driveway on a continual basis.
Regardless of any provisions of these covenants, any lot within this plat may be used by the declarant or its successors and assigns as the site of a temporary lot/home sales center which may be of either permanent or temporary construction type until such time as the last lot within the plat is sold, but not thereafter.
The declarant may amend this declaration of protective covenants without any
other approvals or consents until such time as the last lot within subject property has been sold. Thereafter, this declaration may be amended by the written consent of no less than sixty (60) percent of the owners of the lots within subject property, which amendment must be recorded in the Office of the Judge of Probate, Autauga County, Alabama, and which amendment must be approved by the Planning Commission of the City of Prattville, who may also, within its rules, procedures and guidelines, grant variances or exceptions thereto.
Whenever the term “owner” or “developer” or “declarant” is used herein, it shall include Dawson’s Mill, LLC, its successors and assigns. These covenants and restrictions touch and benefit all of the land reflected on the above referenced plat and map and shall run with the land and shall be binding upon the land, Dawson’s Mill, L.L.C., all subsequent lot owners or land owners within subject plat area, their successors and assigns, the utilities referenced herein, either specifically or generally, and their successors and assigns. Invalidation of any of the foregoing covenants and restrictions, or parts thereof, shall in no way affect any other provision contained herein nor un-invalidated portion thereof. The declarant reserves the right, both for itself, its successors and assigns, to change, alter, modify, or amend these protective covenants in accordance with terms, provisions and requirements hereof until such time as the last lot within subject property is sold.
An Architectural Review Board shall be established. No building, fence, or other structure shall be erected, placed or altered upon any lot or plot in this
subdivision until the building plans, specifications and plot plan showing the
location of such building, fence, or other structure have been approved, in
writing, as to conformity and harmony of external design with existing structures in the subdivision, and as to location of said building with respect to topography and finished ground elevation and as to compliance with all other requirements of these protective covenants, by an Architectural Review Board (sometimes referred to in these covenants, conditions and restrictions as the “ARB”), as designated by the developer or by a representative designated by the members of said Board. In the event of the death or resignation of any member of said Board, the remaining member shall have full authority to appoint a successor member and to approve or disapprove the respective designs and locations submitted or to designate a representative with like authority. In the event said committee, or its designated representative, fails to approve or disapprove submitted plans, designs and locations within fourteen (14) days after said plans, designs and specifications have been submitted to it, then approval will be presumed to have been granted. If such plans and specifications are disapproved, written notice of such disapproval shall be given to the submitting lot owner, or the lot owner’s agent, in person or by U.S. Mail, postage prepaid. Neither the members of the board, nor their designated representative shall be entitled to any compensation for services performed pursuant to this covenant. The powers and duties of such board, and of its designated representative, shall cease and terminate after the sale of the last lot in the last plat of Dawson’s Mill. Thereafter, the approval described in this covenant shall not be required unless, prior to said termination date, a written instrument shall be executed by the then record owners of a majority of the lots in this subdivision, and duly recorded, appointing an Architectural Review Board who shall thereafter exercise the same powers herein granted to the Architectural Review Board for an additional twenty (20) years. Plans and specifications (one set) must be submitted to Dawson’s Mill Architectural Review Board at 2939 Chestnut Street, Montgomery, Alabama 36107, or at other locations as the developer may direct. Approval of any plans or specifications by the Architectural Review Board, or the setting of any
requirement for approval, shall not and does not constitute any representation or guaranty of safety or architectural integrity, which instead, shall be the sole
responsibility of each lot owner. The members of the Architectural Review Board or those acting on their behalf shall not be liable for any mistake of judgment, negligent or otherwise, with regard to their actions on behalf of the Architectural Review Board. The party, entity, or individual submitting the plans or items to the Architectural Review Board for review and/or approval agrees to hold the Architectural Review Board and each member thereof free and harmless against any and all liability to them or others on account of any act or decision by the Architectural Review Board or its members. The foregoing shall not be exclusive of any rights to which the Architectural Review Board or any of its individual members may be entitled.
A Homeowners’ Association shall be established and known as the Dawson’s
Mill Homeowners’ Association and sometimes herein referred to as “homeowners association”.
Satellite antenna discs and any and all other transmitting or receiving antenna
type devices with the subdivision or on the exterior of any house within the
subdivision may be approved as to need, size, locations, required screening, and any other respect by the ARB, whose absolute discretion in these matters shall be unrestricted. Likewise, there shall be no ham radio transmission equipment or other electronic transmission equipment operated or permitted to be operated on subject property without the prior approval of the ARB. Any such approval granted by the ARB may be withdrawn and terminated if it is determined by the ARB that said approval is resulting in an unnecessary or unreasonable interference with the rights of the subdivision in general or any individual lot owner within the subdivision.
Mailboxes: The design of all mailboxes must be approved by the ARB and said
ARB will establish a common design and required location for all mailboxes, so long as compatible with the requirements of the United States Postal Service. The homeowner shall purchase from any approved supplier a standard mailbox of the common design and shall install and maintain said mailbox in appropriate condition and repair, with original color scheme being maintained thereon. Any damage or destruction to mailboxes, which cannot be adequately repaired, will result in the lot owner being required to purchase a replacement mailbox of the common design.
Parking. Each homeowner is to park in their respective garages or on the
driveway. Continual overnight parking on the street is prohibited.