|
(Disclaimer)
This is a re-typed copy of the Covenants and By-Laws. If you need a legal copy, please refer to the copy that you received at closing or contact the Hammond's Mill HOA Board.
Alternatively, legal copies and certified legal copies are also maintained (and available for a fee) by the Clerk of Records, of the County Council of Berkeley County, West Virginia.
The initial filing of the Declaration of Covenants, Conditions, and Restrictions for Hammond's Mill Subdivision is recorded in Deed Book 733, on page 425.
This document may have relevant Supplementary & Modification filings beginning in October 2005 and dates after that.
Covenant Policy and Procedure
Basketball Backstops
Adopted April 17, 2012, Amended July 16, 2013
Basketball backstops will be permitted in the backyard, side-yards and the front drive-ways.
All backstops must be located on the homeowner’s property.
No backstops will be permitted: in the street right-of-way, any HOA common property, or HOA common parking areas, at any time.
Any placement of backstops in the street right-of-way will be subject to fines as established by the HOA, or removal, at the discretion of the HOA.
Exterior Horizontal Storage Units
Adopted July 17, 2012, Amended August 21, 2012
Exterior horizontal storage units are subject to the following guidelines:
Dimensional restrictions: 96” long x 36” wide x 48” high.
Maybe prefabricated of synthetic materials or custom constructed of materials to match the exterior of the dwelling.
Storage units must have the floor and be lockable.
Installation must be level and on a prepared foundation of gravel, wood, concrete, earth or masonry.
Storage units in single-family homes or villas must be installed against the house. Storage units at townhouses may be installed free-standing in the yard, but must be landscaped to help conceal the unit.
Storage units may not be installed in the front of the home or be readily visible from the streets.
All horizontal storage units design, construction, color, and location are subject to Architectural Review. Only one unit will be permitted per lot.
Flagpoles
Adopted April 17, 2012
Manufactured, in-ground, flagpoles may be aluminum or fiberglass.
Poles must be white, bronze, black or aluminum.
Flagpoles may not exceed twenty-five (25) feet tall. Any lighting of flagpoles must be installed so that no direct glare is visible from adjoining properties.
Flagpole, location, and lighting must be approved by the Architectural Review Committee.
All flagpoles must be installed in strict accordance with the manufacturer’s recommendations.
Satellite Dishes
Adopted April 17, 2012
Per FCC Regulations, satellite dishes for the reception of television signals or the reception and transmission of internet signals are legally allowed if they do not exceed a size of one meter or 39.37 inches in diameter.
The FCC ruling states that a homeowners association may enforce regulations requiring that these antennas be placed where they are not visible from the street if this placement does not prevent reception of an acceptable quality signal or impose “unreasonable” cost or delay.
It further states communities (HOA’s) may have written restrictions that provide a prioritized list of placement preferences so that residents can see where the association wants them to install the antenna. The residents should comply with the placement preferences provided the preferred placement does not impose “unreasonable” expense or delay or preclude reception of an acceptable quality signal.
The “preferred location” for any satellite dish is at the rear of the dwelling, and the optimum location would be for the dish to be installed on a post located as close as possible to the rear foundation of the home.
If an acceptable reception is not available at the rear of the dwelling, a location at the “side rear” of the home would be an acceptable alternative.
Installation of a satellite dish on the front of the dwelling is expressly prohibited.
Also, it is not recommended that a satellite dish is attached to the siding or roofing of any dwelling, as builders’ warranties may be voided by doing so.
If you are installing a dish on a town-home that faces south, you may not be able to receive reception without installing the dish on the rear roof – just behind the peak of the roof.
If you are installing the dish on an “end unit,” you may install it on a post near the rear corner of your end unit.
No satellite dishes will be allowed on the front of any town-home.
Remove old dish if no longer active.
Site Grading and Storm Water Diversion
Adopted April 17, 2012
No grading revisions will be approved that alter the flow of water from one Lot to another or that diverts the flow of water from the swale to the street, or that restricts the flow of water into the culverts or catch basin.
Swimming Pools and Hot Tubs
Adopted April 17, 2012
In accordance, with the Declaration of Covenants, Conditions, and Restrictions for Hammond’s Mill Subdivision, “No above-ground swimming pools shall be erected, constructed or installed in any Lot.
In-ground swimming pools may be erected, constructed or installed on any Lot that contains a single family detached home.”
Swimming pools must be erected, constructed or installed within the building restriction lines.
Portable wading pools that contain water less than 24” deep and without filtration system are permitted.
Hot tubs are permitted as approved by the Berkeley County Department of Permits and Inspections.
If a hot tub is to be installed on a wood deck, the deck is subject to review and inspection by the Berkeley County Department of Permits and Inspection.
Fireworks
Adopted July 9, 2018
On June 29, 2017, the Berkeley County WV County Council adopted and approved a lawful Fireworks Discharge Restriction ordinance that became effective and enforceable on July 9, 2017.
This ordinance provides detailed information pertaining to the discharge, composition and suitability of fireworks sold for personal use and used by persons not licensed by a West Virginia state authority.
This Hammond’s Mill sub division (community) is situated within the county of Berkeley and therefore falls under the stipulations and governmental authority of the County Council of Berkeley County, WV.
Upon this boards’ review of this ordinance & accompanying detailed stipulations, it became apparent that NO RESIDENCE LOCATED IN THIS COMMUNITY IS EXEMPT FROM THE LAWFUL ENFORCEMENT OF THIS LAW AND CONSEQUENTLY, NO PROPERTY OWNER IS PERMITTED TO DISCHARGE OR PERMIT SUCH DISCHARGE FROM THEIR RESIDENCE.
Therefore, this board is hereby advising those home owners of the community that any such incidences whether by the property owner, their guests or invitees will be subject to fines by this Board in the sum of $150.00 for each daily occurrence.
Additionally, we ask any resident in our community to report such violations to the Berkeley County Sheriff's Department.
Vegetative Gardens
Adopted November 15, 2022
All vegetative gardens must be in raised planters, limited to the rear yard, defined as behind the rear of the residence.
All planters must be kept a minimum nine feet from the rear property line and a minimum of nine feet from the side property lines at single family residences and three feet from the side property lines at duplexes and townhouses.
All plants must be in raised, temporary planters, of either wood or masonry.
Gardens must be kept weeded and free from noxious plants.
Gardens visible from the front street must be landscaped so as to limit the visibility from the front street.
Partition Screen
Adopted February 05, 2024
Upon approval from the Architectural Committee, a Partition Screen may be erected, constructed or installed on Villa's, Duplexes or Town homes properties. The following guidelines are provided: The screen will only be allowed on the division between the two separate dwellings at ground level in the rear of the homes. The screen must be of white vinyl and not to exceed six (6) feet in height and not extend out from the home past (8) feet long.
|
