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SYCAMORE SPRINGS SUBDIVISION

OWNERS ASSOCIATION

 

 

Ownership of property in the Sycamore Springs Subdivision automatically makes you a member of the Sycamore Springs Owner's Association, Inc.  The association is a nonprofit corporation which owns and maintains the common areas of the subdivision, specifically LOT 27 of Sycamore Springs, Section One (the retention pond) and the subdivision entryway.  The association membership dues defray the cost of maintaining these areas (Plat Restrictions, Section III, Paragraph J).

 

The Owners Association meets annually, however special meetings may be called by the board or by the members.  The board meets semi-annually (or as necessary) to review budget items, proposed construction, and to prepare for the annual members meeting.

 

The association through the elected board is charged with the administration of the Plat Restrictions (Plat Restrictions, Section II, Paragraph A).  The Plat Restrictions govern additions and improvements to the lots in the subdivision as well as general property management.

 

As directed in the Plat Restrictions, the Owners Association (through the board) must approve any new construction/exterior improvements to buildings and lots in the subdivision (Section II, Paragraph A -- No improvements of any kind shall be made after the original construction without the approval of the association).  Procedures for approval are:

 

1.  Provide (2) complete sets of the proposed plans/specifications to the association board.  These plans will be reviewed with approval being based on the applicable requirements and restrictions of the Plat Restrictions.

 

2.  Approved proposals will be returned to the owner with a written indication of approval.  Approvals will be effective for six (6) months after the approval date.

 

3. Disapproved plans will be returned to the owner accompanied by a statement of why the proposed plans were not in compliance with the Plat Restrictions.

 

4.  Proposals not acted on within sixty (60) days after their delivery to the association board shall be deemed approved on the 60th day after receipt by the association.

 

Improvement projects/new construction typically acted upon (but not limited to) by the association are fences, storage buildings, and decks.  (Approval by the association is not an automatic approval to proceed, some construction such as fences, decks, and structures requiring foundations also require approval by the City of Springboro).

 

Please feel free to contact any member of the board if you have additional questions.

 

 

 

 

 

 

Plat Restrictions

 

The restrictions and covenants hereinafter set out are to run with the land and shall be binding upon all the parties and all persons owing lots in Sycamore Springs, or claiming under them.

 

If the owners of such lots or any of them, or their heirs or assigns, shall violate any of the covenants and/or restrictions hereinafter set out, it shall be lawful for any other person owning real property situated in such subdivision to prosecute any proceedings at law or in equity against the person or persons violating any of such covenants and either to prevent them from so doing or to recover damages for such violation or both.

 

1.  RESERVATIONS

 

A.  Title to all streets, drives, boulevards, and other roadways, and all easements, is hereby expressly reserved and retained by Grantor, subject only to the grants and dedications hereinafter expressly made.

 

B.  Grantor reserves the utility easements and rights of way shown on the recorded plat of the subdivision for the construction, addition, maintenance, and operation of all utility systems now or hereafter deemed necessary by Grantor for all public utility purposes, including systems of electric light and power supply, cable TV service, telephone service, gas supply, water supply, and sewer services.  Such systems shall also include systems for utilization of services resulting from advances in science and technology.

 

C.  Grantor reserves the right to impose further restrictions and dedicated additional easements and roadway rights of way with respect to such lots which have not been sold by Grantor, by instrument recorded in the Office of the County recorder.

 

D.  Subject to the foregoing, Grantor hereby DEDICATES TO THE USE OF THE PUBLIC all streets, drives, boulevards and other roadways, and all public easements shown on the recorded plat of the subdivision; provided, however, that the use thereof by any utility company is limited to public utility companies having the right of eminent domain and having agreements in writing with Grantor for the proper provisions of utility services.

 

E.  Grantor reserves the right to make minor changes in and additions to all easement for the purposes of most efficiently and economically installing utility systems.

 

F.  Neither Grantor nor any utility company using the utility easements shall be liable for any damages done by them or their assigns, their agents, employees or servant, to shrubbery, trees, flowers, ore other property of the owner situated on the land covered by said easements.

 

G. It is expressly agreed and understood that the title conveyed by Grantor to any lot or parcel of land in the subdivision by contract, deed, or other conveyance shall not in any event be held or construed to include the title to water, gas, sewer, storm sewer, electric light, electric power, telegraph or telephone lines, poles or conduits or any utility or appurtenances thereto constructed by or under grantor or its agents or public utility companies through, along, or upon said easements or any part thereof to serve property or any other portions of the subdivision, and the right to maintain, repair, sell, or lease such lines, utilities, and appurtenances to any municipality, or other governmental agency or to any public service corporation or to any other party is hereby expressly reserved by Grantor.

 

H.  It is further expressly agreed and understood that any underground telephone cable system will be installed in the subdivision.  Each residence in the subdivision shall, at the expense of the owner or builder of the residence, have a trench opened from the residence to the utility easement across the lot upon which the residence is being built, for installation of a telephone service cable, and the owner or builder shall close the trench after installation of the cable.  The Telephone Company shall designate the exact location of trenches.  Each residence shall also be provided with conduit, pull wire, and a minimum of two outlet boxes, at the owner's or builder's expense, for the installation of telephone wiring and equipment.  Trenching, filling, conduit, and other items to be performed or provided by the owner or builder shall comply with specifications provided by the Telephone Company.

 

I. An underground electric distribution system will be installed in the part of Sycamore Springs subdivision designated Underground Residential Subdivision, which underground service area shall embrace all lots in Sycamore Springs.  The owner of each lot in the Underground Residential Subdivision shall, at his own cost, furnish, install, own, and maintain (all IAW the National Electrical Code) the underground service cable and appurtenances from the point of the electric company's metering on the customer's structure to the point of attachment at such company's installed transformers or energized secondary junction boxes, such point of attachment to be made available by the electric company at a point designated by such company at the property line of each lot.  The electric company furnishing service shall make the necessary connections at said point of attachment.  In addition, the owner of each lot shall, at his own cost, furnish, install, own and maintain a meter loop (IAW the then current standards and specifications of the electric company furnishing service) for the location and installation of the meter of such electric company for the residence constructed on such owner's lot.  For so long as underground service is maintained, the electric service to each lot in the Underground Residential Subdivision, shall be uniform in character and exclusively of the type know as single phase, 120/240 volt, three wire, 60 cycle, alternating current.

 

J.  It is further expressly agreed and understood that Grantor, its successors and assigns may use any of the lots in the subdivision, for a sales office, model home or model homes and parking related to such sales office and model homes.  Any portion of the subdivision, including streets, drives, boulevards, and other roadways, as well as esplanades, may be used for sales offices, sales purposes, guardhouses, and for other purposes deemed proper by the Grantor.

 

2. ADMINISTRATION

 

A. No improvements of any kind or character whatsoever shall be erected, or the erection thereof begun, or change made in the exterior design there of after original construction, of any residential lot in the subdivision until the complete plans and. specifications and a plot plan showing the location of the structure have been approved by the Grantor or its designated coordination architect IAW the following procedures:

 

1.  Two (2) complete sets of plans and specification shall be delivered to the coordinating architect (or the Grantor if there is no coordinating architect).  Such plans and specifications shall be reviewed as to quality of design, workmanship, and materials, harmony with exterior design with existing or approved structures, and location with respect to topography and finish grade elevations.  Such approval is to be based on the applicable requirements and restrictions set out herein.

 

2.  If found to be in compliance with these restrictions, one set of plans and specifications shall be returned to the owner or builder marked APPROVED BY DEVELOPER.  Such approval shall not be effective for construction commenced more than six (6) months after such approval.

 

3.  If found not to be in compliance with these restrictions, one set of such plans and specifications shall be returned marked DISAPPROVED.  A reasonable statement of items found not to comply with these restrictions should accompany disapproved plans and specifications.

 

4.  If no action is taken of plans and specifications within sixty (60) days after their delivery to the Coordinating Architect or Grantor, they shall be deemed approved on the 60th day after such delivery.

 

3. Restrictions

 

A.  Residential Purpose

 

1.  This subdivision shall be used for private single-family residence only, except for realty sales previously stated in Section 1, Paragraph J.

 

2.  Only one residence shall be constructed on each lot.  This provision shall not, however, prohibit the construction of a residence on a portion of two or more lots a shown by the plat of the subdivision, provided such portion constitutes a private single-family residence.

 

3.  No building upon any lot may be permitted to fall into disrepair.  Buildings must at all times be kept in good condition, adequately painted, or otherwise finished.

 

B.  Building Sites and Construction

 

1.  The living area of the main structure constructed as a one-story residence on any home site, exclusive of porches and garages, shall be not less than 1,550 square feet; and in the case of any residence of more than one story, the requirements as to living area shall be at least 1,650 square feet for both stories.  No residence may exceed two stories in height.

 

2.  No garage may be greater in height or number of stories than the residence for which it is built.  Garages of sufficient size to accommodate not less than two cars or no more than three cars must be provided and all garages must be attached to the main structure unless otherwise approved by the Grantor.

 

3.  All appurtenances, including but not limited to swimming pools and tennis courts, will not be constructed without the written consent of the Grantor.  No above ground pools will be allowed.

 

C.  Building Locations

 

1.  No building shall be located nearer to the lot line or nearer to a side street lot line than is permitted by building setback lines as shown on the recorded plat drawing.

 

D.  Facing of Residences

 

1.  Residences on corner lots shall face the street from which the smaller front lot line is shown on the recorded plat, unless alternate facing is authorized by the Developer.

 

E.  Fences, Wall, Hedges, and Landscaping

 

1.  No wire or chain link fence is permitted on any part of any lot.  Should a hedge, shrub, tree, flower, or other planting be so placed, or afterwards grown, so as to encroach upon adjoining property, such encroachment shall be removed upon request of the owner of the adjoining property.  Should any encroachment be upon a right-of-way or easement, it shall be removed promptly upon request of the Grantor and such encroachment is wholly at the risk, and removal shall be solely at the expense of the owner.

 

2.  No fence of hedge shall be permitted to extend nearer to any street than the minimum building setback line or the front of the building, whichever is further from the street.

 

3.  Landscaping plans must be submitted within 30 days after the completion of the construction for approval by the Grantor.  All landscaping must be completed within 150 days after submitting.

 

F. Driveways

 

1.  Driveway locations and specifications shall be approved by the Developer.

 

G. Miscellaneous

 

1.  No trash of other refuse shall be dumped on any vacant lot.

 

2.  Grass and weeds shall be kept mowed to prevent unsightly appearances.  Dead, diseased, or damaged trees which might create a hazard to property or persons on any lot or adjacent lot shall be promptly removed or repaired, and if not removed by the owners, then the Developer may, but shall not be required to, remove such trees at the owner's expense and shall not be liable for damage done in such removal.

 

3.  No activity may be carried on or allowed to exist upon any lot that may be noxious, detrimental, or offensive to any other lot or to the occupants of any lot.

 

4.  No animals, livestock, or poultry of any kind shall be raised, bred, kept, staked or pastured on any lot; except not more than a total of three (3) dogs, cats, or other household pets may be dept, provided they are not kept, bred, or maintained for any commercial purpose.

 

5.  No owner shall permit anything or condition to exist upon his lot, which shall induce, breed, or harbor infectious plant diseases or noxious insects.  Each owner shall keep all shrubs, trees, hedges, grass, and landscaping of every kind on his lot lines and street curb, neatly trimmed, properly cultivated, and free o trash, weeds, and other unsightly material.  No trees, hedges, shrubs, or other landscaping shall be planted or permitted to remain on any lot unless the foliage line is maintained at a proper height to prevent obstruction of safe cross-visibility of traffic approaching an intersection or driveway.  Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.  The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public utility company or authority is responsible.

 

6.  Each owner of a lot agrees for himself, his heirs, or successors in interest that he will not in any way interfere with the established drainage pattern over his lot from adjoining or other lots in said tract; and he will make adequate provisions for proper drainage in the event it becomes necessary to change the established drainage over his lot.  For the purpose hereof, "established drainage" is defined as the drainage, which occurred at the time that the overall grading of said tract, including landscaping of any lots in said tract, was completed by the Grantor.

 

7.  Each owner of a lot in the subdivision agrees for himself, his heirs, assigns, or successors in interest that he will permit free access by owners of adjacent or adjoining lot, when such access is essential for the maintenance of drainage facilities.

 

8.  No exterior speaker, horn, whistle, bell, or other sound device, except security devices used exclusively for security purposes, shall be located, used or placed upon a lot.

 

9.  No signs or advertising device of any kind may be placed or kept on any lot other than one name and/or number plate not exceeding 72 square inches in square feet in area.  Exception being a permanent entrance sign installed by the Grantor.

 

10.  No outside clotheslines or other outside clothes drying or airing facilities shall be maintained except in an enclosed service area, not visible to the public.

 

11.  No golf cart, tent, Mobil home, trailer of any kind, or similar structure, and no truck, camper or boat shall be kept, placed, maintained, constructed, reconstructed or repaired, nor shall any motor vehicle be constructed, reconstructed, or repaired, other than in a garage.  Visitor's boats, trailers and campers will be allowed for a period of 48 hours total time in a 15-day period.  The doors of garages housing trucks, campers or boats shall be closed at all times except for actual entry or exit.  The provisions of this paragraph shall not, however, apply to emergency vehicle repairs or temporary construction shelters or facilities maintained during, and used exclusively in connection with the construction, reconstruction or repair of any work or improvements.

 

12.  No junk of any kind or character, or any accessories, parts, or objects used with cars, boats, busses, trucks, trailers, house trailers, or the like, shall be kept on any lot other than in the garage.

 

13.  No excavation, except such as is necessary for the construction of improvements, shall be permitted, nor shall any well or hole of any kind be dug on this property without the written consent of the Grantor.

 

14.  No radio or television signals, or any other form of electromagnetic radiation shall be permitted to originate from any lot that may unreasonably interfere with the reception of television or radio signals upon any other lot.

 

15.  No lines, wires, or other devices for the communication or transmission of electric current or power, including telephone, television and radio signals, shall be constructed, placed, or maintained anywhere in or upon any lot other than within a building unless the same shall be contained in conduits underground or concealed in or under buildings.  Television dish antennas will be allowed in the rear yard areas only, with the location and screening to be approved by the Grantor or the homeowner's Association of Sycamore Springs.  Conduits or cables to dish antennas will be placed underground or concealed in or under buildings.  Nothing herein contained however shall prevent erection and use of temporary power or telephone services incident to the construction of buildings or to restrict the overhead distribution of three-phase primary power supply to the subdivision by the utility company.

 

16.  Any building on the land that is destroyed partly or totally by fire, storm, or any other means shall be repaired or demolished within a reasonable period of time, and the land restored to an orderly and attractive condition.

 

17.  The invalidly, violation, abandonment or waiver of any one or more of or any part of the reservations, restrictions, or other provisions hereof, either as to all or any part of the land, shall not, affect or impair such reservations, restrictions or other provisions hereof as to the remaining parts of the land and shall not affect or impair the remaining reservations, restrictions, or other improvements hereof or parts thereof as to all the land.

 

18.  No lot shall hereby be subdivided into parcels for additional residential purposes.

 

19.  No person shall install any pump, piping device, apparatus, or other such system for discharging sump pump effluent into a public right-of-way without approval of the City of Springboro.

 

20.  One free standing radio tower or television antenna will be permitted on lots only and shall be constructed within two (2) feet of the building.  No television antenna or radio tower, either free standing or roof construction type, shall be permitted to extend more than twelve (12) feet above the ridge lines of the roof upon which it is constructed.

 

H.  Duration

 

1.  These restrictions shall remain in full force and effect until the year 2015 and shall be automatically extended for successive ten (10) year periods provided, however, that these restrictions may be terminated in the year 2015 or on the commencement of any successive ten year period, by filing for record in the Office of the County Clerk of Warren County, Ohio, a written statement of the election to terminate these restrictions, executed and acknowledged by the owners of a majority of the area of the lots in the subdivision.  Such statement must be filed prior to the commencement of the ten-year period for which these restrictions would otherwise be in effect.

 

2.  Upon the completion of dwellings on all lots in Sycamore Springs Subdivision, the then owners of the lots will elect a committee of three (3) homeowners who shall be empowered to interpret and enforce the covenants in lieu of the Grantor.

 

I.  Exterior Lighting

 

1.  Ornamental streetlights shall be installed by the Developer within the public right-of-way along Sycamore Springs Drive.  The Sycamore Springs Owner’s Association shall maintain these lights.

 

2.  Residences not fronting along Sycamore Springs Drive shall nave a post light in the front yard, which is controlled by a photoelectric cell.  The property owner shall be responsible for maintaining the light in operating condition at all times.

 

J.  Association

 

1.  By the purchase of a lot in this subdivision, the owner will automatically become a member of the Sycamore Springs Owner's Association, Inc., a nonprofit corporation, who will own and maintain LOT 27 of Sycamore Springs, Section One, which is designated as a retention pond.  The purpose of the membership in the Association is for the lot owner to participate in the cost of the retention pond, entry walls, and street lighting along Sycamore Springs Drive.

 

2.  The Declaration for the Homeowners Association is recorded in O.R. 584, Page 735.