Misty Ridge Covenants and Restrictions

(j) No signs shall be displayed upon the premises except one sign of not more than 2 square feet displaying the Lot Owner's name or one sign of not more than 5 square feet, advertising the Lot for sale or rent. However, until all houses are sold, no for sale or rent signs shall be displayed

(k) All applicable municipal regulations shall be observed by all Lot Owners.

(l) All exterior holiday decorations must be removed within 30 days after the holiday for which such decorations were put up.

(m) No Lot shall be used or maintained as a dumping ground for rubbish, trash or garbage and all such waste shall not be kept, except in sanitary containers. All garbage receptacles shall be stored so as to not be visible from the road and shall be returned to that area of storage after picked up curbside.

n) No fencing of any kind of whatsoever shall be (erected upon any lot in the subdivision except such fencing as may be required by Municipal Law as a condition of the construction of an in-ground swimming pool and as may be approved by the Declarant and except for the purposes of maintaining a horse or horses. Such approval shall be wholly in this the discretion of the Declarant. Fences must be of natural material.15’ in height, measured form the base of the plant. Any such plantings shall be maintained at a height less than 15’ height. 

(o) No kiddie pools more than 3’ in diameter and none to be placed on the driveway.

(p) All Sheds must be located in the rear of the property and behind the house so as not to be viewed from the road. All sheds must be constructed of natural materials only and maintained in excellent condition.

(q) No trees or vegetation shall be planted to the sideline of the houses to be constructed on Lots 1-9 or in any location on those lots which shall interfere with or obstruct the view of the Shawangunk Mountain from any house or lot within the subdivision. This shall be considered to be a sight easement which may be enforced by an owner for property within the subdivision as against the owner of any such lot who plants a tree or vegetation in violation of this restriction. This shall not preclude the planting of vegetation which will not grow above

3. ENFORCEMENT

If any person or entity having or acquiring an interest in any Lot, or otherwise occupying any portion of a lot, including the heirs, successors and assigns of a Lot Owner, shall violate or attempt to violate any of the covenants, restrictions or easements contained herein, the Declarant or any Lot Owner (after Declarant has conveyed all of their Lots) may prosecute by any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant, restriction or easement, to prevent him or them from doing so, and to recover damages or other sums of such violation.

4. ARCHITECTURAL APPROVALS / RESTRICTIONS

All plans and specifications must be reviewed and approved by the Declarant, in writing, as to the size, architect and style of the structure and the exterior building materials to be used. This restriction shall apply to any proposed separate detached garage or utility building to which must conform in style and architecture to the dwelling house. No dwelling house shall be permitted to have less than 1500 square feet of habitable space for a one story structure and 1800 square feet of habitable space for a two story structure or more (including split levels). These measurements shall not include open porches, enclosed decks, sunrooms, garages, basements, or any rooms where the floor is located below the existing grade as seen from the front of the house, or other non-habitat space, area, or appendage. All garage doors must open through walls or vertical surfaces which do not face the public road except on corner lots or, except as specifically waived by the Declarant.

5. NOTICES

Any notice required to be sent pursuant to the provisions of this Declaration shall be in writing and mailed certified mail, return receipt requested, if to the Lot Owner, addressed to the mailing address of the Lot and, if to Declarant, at its address set forth above or, in any case, to such other address as such party may designate by a notice similarly given.

6. PARTIAL INVALIDITY; SEVERABILITY

Should any covenant, restriction, or easement herein contained, or any article, section subsection, sentence, clause, phrase or term of this Declaration be declared to be void, invalid illegal or unenforceable, for any reason, by the adjudication of any Court or other tribunal having jurisdiction, such judgment shall in no way affect the other provisions hereof which are hereby declared to be severable and which shall remain in full force and effect.

7. AMENDMENTS

Declarant shall have the right to change, amend, modify, or alter the Subdivision Map as it sees in its judgment as being fit, proper, and necessary, provided such change, amendment, modification or alteration shall not affect any Lot which title has been conveyed by the Declarant.

Declarant reserves the right to waive, alter, modify or delete any of the restrictions included herein by written permission granted to the then Lot Owner regardless of whether Declarant retains a recorded interest or other-proprietary interest in the Premises.

8. DECLARATION BINDING ON GRANTEES AND LESSEES

Declarant shall have the right, until all lots within the subdivision are sold, to change, amend, modify, or alter the Subdivision Map as it sees in its judgment as being fit, proper, and necessary, provided such change, amendment, modification or alteration shall not affect any Lot which title has been conveyed by the Declarant. Declarant reserves the right to waive, alter, modify or delete any of the restrictions included herein by written permission granted to the then Lot Owner regardless of whether Declarant retains a recorded interest or other proprietary interest in the premises.

11. DURATION

The covenants, easements and restrictions contained herein shall run with and bind the land.