|
|


Earth Town Network |
Covenants, Conditions and Restrictions CCR's |
Below are the CCR's that will be recorded with lands in the Earth Town Network. There are two different CCR's, one for a single lot and one for multiple lots. Note that there is no legal connection or any control between members of the Earth Town Network. The Earth Town Network is simply an information highway that exists between the members. There is no responsibility or liability implied or otherwise between the land owners or the Towns or the Network. The Earth Town Network is not mentioned at all in the CCR's. The CCR's are a personal commitment to the way you want to interact with the Earth and your neighbors. These restrictions will lead to a neighborhood of like minded people who want to use their land in a sacred manner and who want to see the lands surrounding their land treated in an ecologically sound manner (in the case of multiple adjoining parcels. If this philosophy agrees with you and you wish to become a member of this network; this set of CCR's or a very similar document must be legally recored with your land, i.ie. you can modify these CCR's to some extent to fit your needs. Buying land in an existing Earth Town will include a similar set of CCR's that are in effect. |
Please note that these CCR's are a work in progress and will undergo additional change. Some changes will be a result of adaptation to the local ecosystems As different people join with different situations, these documents may be changed to accomodate their creativity and their truth. There are two versions of the CCR's, one version for a private land owner which is quite short and straightforward. There is a second version for groups of land parcels which gets a bit more complicated. |
Home Page |
Philosophy |
Covenants |
Contact |
Earth Towns |
Comments |
Events |
Solar Design |
COVENANTS, CONDITIONS AND RESTRICTIONS For: (( legal description of property including tax map number and owner )) THIS DECLARATION, made this __ day of _________, 2007 by (( owner )), hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner of certain property in NOW THEREFORE, Declarant hereby declares that all of the Property shall be held, sold and conveyed subject to the following covenants, conditions and restrictions which are for the purpose of protecting and enhancing the value, desirability and attractiveness of all Parcels, which shall run with the land and be binding on all parties having any rights, title, or interest in the Property, or any part thereof, their heirs, successors, and assign, and shall inure to the benefit of each Owner thereof,("Owner"). ARTICLE I - DECLARATION THESE LANDS ARE HEREBY DECLARED A PEACE SANCTUARY All persons inhabiting these lands are committed to living in a holistic relationship with their neighbors, the natural world and all beings who use these lands as their home. ARTICLE II - PURPOSE OF THESE RESTRICTIONS, COVENANTS AND CONDITIONS 1.) The Purpose of these restrictions, covenants and conditions is to assure the use of the property for attractive residential and living purposes (as set forth herein) only, and securing to each Parcel owner the full benefit and enjoyment of his or her Parcel and home in furtherance of a common plan. 2.) The Owners of all Parcels do hereby agree to interact with each other in accordance with the Peace Principles. The Peace Principles are intended to create a harmonious neighborhood and provide a positive platform to discuss and solve any problems or issues that may arise. The Peace Principles generally stated are: 1) Always work for Peace, 2) Always work for Unity and 3) Always carry a Good Message. ARTICLE III - USE RESTRICTIONS A) GENERAL These Parcels shall be used exclusively for residential and farming purposes. No Manufacturing or medium to large scale commercial enterprise shall be maintained upon any Parcel. Farming, home offices and casual uses are permitted . B) VEGETATION The natural vegetation must be preserved as much as possible. All grading, excavation and building shall reflect the goal of protecting the natural vegetation and ecosystem. Excessive cutting of any natural vegetation is not allowed. No more than 20% of the living vegetation can be cut or altered in any one year and no more than 40% can be cut in any 20 year period. This does not include farming activities. This does include logging activities. No living tree over 20 inches in diameter at 1 to 3 feet from the ground may be cut at any time for firewood or for sale. Cutting to create a building lot, farm lands or roadway is possible. C) BUILDINGS 1.) No camping trailers, house trailers or mobile homes over 36 feet in length are allowed on these lands at any time for any purpose. (unless on property at time of purchase or recording CCR's). 2.) No new building can have side walls from any metal, plastic, or painted wood. All side walls must be from a natural material such as stained wood, stone, brick or stucco. Replacement side wall materials must conform to this. 3.) No new building can be more than 16 feet higher than the average preexisting ground level where the building stands. 4.) All roofing materials must be white or of earth tone colors. Roofing may be metal, shingles, tiles, transparent materials or living earth. No galvanized metal roofing is allowed. Replacement roofing must conform to this. 5.) There are no minimum or maximum building sizes. All buildings, barns, sheds, for any use must conform to the standards set forth herein. 6.) Seasonal use cabins or yurts of up to 900 square feet are allowable for casual occupancy. These buildings can have a minimum of insulation. 7.) All new residential buildings shall be built in the most energy efficient manner possible. R40 side walls and R60+ ceilings are preferred with shuttered windows. It is preferred to have portions of the perimeter bermed with earth to the bottom of the windows. 8.) The Otsego County Building and Zoning Codes are in full force and effect on these parcels. All buildings, residences and outbuildings shall conform to these codes. All buildings shall be kept in good repair. D) MOTOR VEHICLES 1.) Motor Vehicles: No more than one unlicensed motor vehicle can be stored on any Parcel. Motor homes & trailers are to be stored where there is minimal visual impact. Farm equipment etc. can be stored outside. 2.) Motorized vehicles, atv's, or motorcycles and/or other kinds of off road vehicles are to be kept to general access roads or operation on one's own lands keeping in mind the section regarding noise. E) WASTE MANAGEMENT 1.) Waste Management: Littering is not acceptable, this includes everything from candy wrappers and cigarette butts to cans, bottles, old appliances etc. General accumulation of any kind of building materials, personal effects, junk or rubbish on the landscape outside of buildings is not allowed. All rubbish and/or garbage or trash shall be regularly removed from each Parcel and shall not be allowed to accumulate thereon. No outdoor burning or storage of rubbish shall be permitted on any Parcel. 2.) No inorganic chemicals may be applied to the land for any reason at any time. F) INTERIOR ROADWAYS It can be very beneficial to the community to share interior roadways. Roadways used by multiple lot owners will be called general access roadways. 1.) Road Maintenance: The general access roads though any Parcel shall be maintained by the owner of that Parcel. Should any general access road need major repairs, those repairs will be paid for equally by every Parcel that uses that general access road. 2.) Road Access: All roads and driveways that serve more than one Parcel, called general access roads, shall be kept open and free of parked cars or any other obstruction. One locked gate can be located near the public road to limit access to Parcel Owners. All such locks shall be keyed so all Parcel Owners who access their Parcel through this gate have access and keys or combinations to the locks. No other gates, chains or barriers of any kind, locked or unlocked are allowed along these general access roads for a distance of 20 feet from the center of the road to each side of the road. No buildings, fences or any impediments to the use of these common roadways may be built or located or parked in this 40 foot wide zone. 3.) Any Parcel Owner who uses a general access road as access to his land has the right to maintain and improve that general access roadway anywhere along the roadway, including portions of the roadway that may be on another Parcel of land. These roadways are considered to be 40 feet wide, centered on the existing roadway. This common 40 foot wide roadway is also a utility easement. Should a lot owner fail to maintain his section of a general access roadway, that he uses for access to his buildings, in a usable manner, legal action may follow per Article III of this document. 4.) Any Parcel Owner or guest may walk or ride a horse in a respectful manner on any Parcel throughout the subdivision at a distance of 200 or more feet from any building. 5.) A Parcel owner who does not have other Parcel owners passing across his lands for access to their Parcel may restrict access to his roadways. Roadways or driveways on a Parcel that dead end in that Parcel can be closed to motorized vehicles. G) NOISE 1.) Any noise from any source that is continually disrupting the serenity of this neighborhood is not allowed. Continuous noise from a domestic animal that is annoying to a neighbor is not allowed. Brief noise from domestic animals is acceptable. Audible sound from one building that can be heard at a neighbors building at a level of 50 or more decibels is not allowed except between the hours of 9:00 am to 5:00 pm. (ie loud music, partying, tools, barking dogs or other domestic animals, generators etc…) Noise arising from construction & farming activities will be done at times agreeable to surrounding community members. 2.) The discharge of any kind of gun or firearm for target practice is not allowed on these lands. Hunting is allowed per the wishes of 80% of the property owners, see below for 80% definition. H) DOMESTIC ANIMALS 1.) Domestic Animals: All domesticated animals, pets, horses, livestock etc must be treated in a humane fashion. No animal shall be allowed to become a public nuisance or serious threat to other Owners. Any animals from a breed with a history of aggressive behavior must be properly restrained. All fencing must be 5 feet or more from any property boundary. Fences are not allowed to cross general access roads that are used to access adjacent Parcels. All manure and animal waste must be disposed of in a manner that is not offensive to the neighboring Parcels. Anything other than small scale commercial breeding and sale of animals is not allowed unless agreed to by 80% of owners. 2.) All domestic cats must be kept indoors. Their predation of birds and small mammals is a major intrusion into the ecosystem. I) MISC 1.) Antennas and Generators: No antenna, satellite dish or power generator shall be installed in a manner that will disturb the surrounding neighbors and /or their property. 2.) Fire: All fires are to be built in a contained, safe, respectful manner. 3.) Personal Behavior: All behaviors within the community must abide by the city, county, state and federal legalities. 4.) No further division of these lands into smaller parcels is allowed. ARTICLE IV - GENERAL PROVISIONS 1.) Enforcement: Declarant and any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provision of this Declaration. Failure by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right of other Owners to do so or of that Owner to do so thereafter. The remedies available under this Declaration shall specifically include the right to injunctive relief. The prevailing party in any action brought pursuant to this Declaration shall be entitled to recover its costs and attorney's fees. 2.) Amendment: The covenants and restrictions of the Declaration shall run with and bind the land for a term of one hundred (100) years from the date this Declaration is recorded, and after which time they shall be automatically extended for successive periods of \twenty (20) years. Notwithstanding the foregoing, this Declaration may be amended or terminated at any time by an instrument signed by not less than eighty percent (80%) of the Parcel Owners. Eighty percent is defined as the number of Parcels times .80. The numbers to the right of the decimal point are dropped (i.e. the number is rounded down to the nearest whole number) to determine the number of votes necessary to carry an amendment to this document. Example: 4 lots presently exist, so multiply 4 by .80 to get 3.2. Drop the .2 to give 3 as the number of votes needed to effect a change in this document at this time. 3.) Invalidity: Invalidation of any of these covenants, restrictions, reservations, conditions and servitudes by judgment, court order, or otherwise shall in no way affect the validity of any of the other provisions of this Declaration, all of which shall remain in full force and effect. IN WITNESS WHEREOF, the said declarant has hereunto signed and sealed these presents the day and year first above written. BY:_____________________________________________ ________________ Declarant, Daniel B Record, Owner, Cedarwood Camp Ltd, llc Date: STATE OF } ACKNOWLEDGEMENT COUNTY OF } On this 1st day of May, 2006, before me, the undersigned Notary Public, personally appeared Daniel B Record, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. _____________________________ Signature of Notary Public |
Home |
Philosophy |
Comments |
Solar Design |
Earth Towns |
Covenants |
Events |
Contact |
COVENANTS, CONDITIONS AND RESTRICTIONS For: (( legal description of property including tax map number and owner )) THIS DECLARATION, made this __ day of _________, 2007 by (( owner )), hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner of certain property in _______________________________ NOW THEREFORE, Declarant hereby declares that all of the Property shall be held, sold and conveyed subject to the following covenants, conditions and restrictions which are for the purpose of protecting and enhancing the value, desirability and attractiveness of this land, which shall run with the land and be binding on all parties having any rights, title, or interest in the Property, or any part thereof, their heirs, successors, and assign, and shall inure to the benefit of each Owner thereof,("Owner"). ARTICLE I - DECLARATION THESE LANDS ARE HEREBY DECLARED A PEACE SANCTUARY All persons inhabiting these lands commit to living in a holistic relationship with their neighbors, the natural world and all beings who use these lands as their home. The persons inhabiting this land agree to interact with others, human and non human according to the Peace Principles. The Peace Principles generally stated are: 1) Always work for Peace, 2) Always work for Unity and 3) Always carry a Good Message. ARTICLE II - USE RESTRICTIONS A) VEGETATION The natural vegetation must be preserved as much as possible. No living tree over 20 inches in diameter at 1 to 3 feet from the ground may be cut at any time for firewood or for sale. No inorganic chemicals will be used to control the natural growth of indigenous plants. B) BUILDINGS 1) All existing buildings will be retrofitted with insulation as practical and used in an energy efficient manner. 2) All new buildings will be built with as much insulation as possible, using energy saving materials and passive solar design principles. C) DOMESTIC ANIMALS 1.) Domestic Animals: All domesticated animals, pets, horses, livestock etc must be treated in a humane fashion. ARTICLE III - GENERAL PROVISIONS 1.) Time line: The covenants and restrictions of the Declaration shall run with and bind the land for a term of one hundred (100) years from the date this Declaration is recorded unless modified by person who initiated these covenants and restrictions. IN WITNESS WHEREOF, the said declarant has hereunto signed and sealed these presents the day and year first above written. BY:_____________________________________________ ________________ Declarant, ((Owner)) Date: STATE OF } ACKNOWLEDGEMENT COUNTY OF } On this ___ day of _______,20___, before me, the undersigned Notary Public, personally appeared ((Owner))______________________, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. _____________________________ Signature of Notary Public |
CCR's for an individual parcel |
CCR's for a group of parcels |