Covenants
The Evergreen covenants are summarized here for easy reading.
Click here to visit the web page that includes a complete legal listing of the Evergreen Protective Covenants approved in 1999.
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- Animals/Pets
- Annual Maintenance Fee
- Antenna/Satellite Dish
- Chimneys
- Clotheslines
- Exterior Lighting
- Exterior Renovation Requirements
- Fences
- Garbage and Garbage Containers
- Home Businesses
- Interiors
- Mailboxes
- Maintenance - General
- Maintenance - Yard
- New Construction or Exterior Renovations
- Nuisances
- On Site Storage
- Outside Structures Including Playhouse and Gazebos
ANIMALS/PETS
No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot with the exception of dogs, cats or other domestic pets which may be kept provided that they are not used for any commercial purpose. If any pet requires a kennel, such kennel and its location must be approved by the Architectural Review Committee to ensure that the location and appearance of the kennel is aesthetically pleasing, preferably concealed by shrubbery and/or natural vegetation. No offensive odors generated by any pet or animal shall be tolerated. Each and every pet owner shall be responsible for the clean up of any and all pet waste.
ANNUAL MAINTENANCE FEE
Each Lot owned, whether or not it shall be so expressed in any such deed or other conveyance, pledges and agree to pay to the Association an annual maintenance fee or fees.
The maintenance fee shall be used to enforce the covenants and to promote the health, safety, and welfare of the residents in the Evergreen, for insurance and management costs of the Association, for the improvement and maintenance of the Evergreen entrances and adjoining areas and for any other such use consistent with the provisions hereof.
The fees, shall be the personal obligation of each person who was the Owner of each such Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to such Owner's successors in title unless expressly assumed by them.
If any fee is not paid on the date when due, then such fee shall become delinquent and, together with such interest thereon and costs of collection thereof, shall become the personal obligation of the Lot Owner, his or her heirs, devisees, personal representatives and assigns.
Any fee not paid within thirty (30) days after the due date shall bear interest from the due date until paid at the rate of Six Percent (6%) per annum or such other legal rate determined by the Board of Directors. No Lot Owner may waive or otherwise escape personal liability for the fee provided for herein by abandonment of his or her Lot.
ANTENNA/SATELLITE DISHTo the extent permitted by law, no rooftop antenna or aerial “satellite dish” will be permitted unless such device is located within the structure so as not to be visible from adjacent homes, or if on the exterior of a residence, camouflaged and/or landscaped in a manner acceptable to the Architectural Review Committee in its sole discretion so as not to be objectionable to adjacent Lot Owners.
CHIMNEYS
Unless approved prior to original construction, chimneys shall not be finished in wood siding materials. Exposed metal flues are strictly prohibited.
CLOTHESLINES
Clotheslines must be retractable and when in use should not be visible from the street. All clotheslines must be retracted when not in use.EXTERIOR LIGHTING
Lot Owners are strongly encouraged to utilize yard lights during non-daylight hours to provide illumination to promote neighborhood safety. Exterior lighting shall be limited so as not to be directed toward adjacent Lots. Flashing or brilliant lighting shall not be permitted.
EXTERIOR RENOVATION REQUIREMENTS
All sheet metal flashing, roof valleys, roof vents, stacks, gutters and exposed concrete block shall be painted to conform with appropriate house colors or roofing shingle colors.
FENCES
Fence shall mean a structure or partition of wood, iron, stone, plastic, or other solid material, erected for the purpose of enclosing, defining or separating a Lot, or portion thereof, or separating contiguous parcels.
Fences are strongly discouraged, and will not be approved, where natural vegetation and shrubbery may be utilized as a reasonable alternative. No fence, wall, hedge, shrub or other object or growing thing which obstructs sight lines at elevations between two and six feet above the roadway shall be erected, planted or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points fifteen feet from the intersection of the street lines, or in the case of a rounded property corner, for the intersection of the street property lines extended. These same sight line limitations shall apply on any Lot within ten feet of the driveway or alleyway. No trees or other vegetation shall be permitted to remain within such intersections unless the foliage line is maintained at a minimal height so as to prevent visual obstructions of such sight lines.
All fences must receive the written approval of the Architectural Review Committee prior to the commencement of construction or installation. No fence shall exceed 5 feet in height, unless an applicant can show a reasonable necessity for such increase. The ARC shall have the authority to establish requirements for suitable fence materials and design.
All fences shall be installed by the owner or contractor within the owner’s Lot line in a location to allow for maintenance of both sides of the fence without trespassing onto an adjoining neighbor’s property, unless both adjoining Lot Owners agree to installation on a common Lot line.
The owner shall be responsible for maintaining all sides of fence facing adjoining Lots or streets in an attractive manner.
If fences are approved, the ARC may require planting of shrubbery or similar vegetation to shield portions of any fence in order to restrict the fence from view of neighboring Lots.
GARBAGE AND GARBAGE CONTAINERS
Garbage containers are to be stored out of view of adjacent Lots and the street abutting the property. All empty containers are to be removed to their proper storage as soon as possible after collection of the contents. All Lot Owners are responsible for ensuring that their property remains free of all garbage and debris.
HOME BUSINESSES
Home businesses which do not have any significant visual or physical impact upon the Evergreen Community shall be permitted. However, any home business, which results in disruption to the neighborhood in the form of an unacceptable increase in traffic, noise, or other disturbance, will not be permitted. Once granted, consent is deemed to continue unless the operation of the business subsequently results in disruption to the neighborhood as specified above. Home businesses shall be deemed to be a residential use.
INTERIORS
The covenants and requirements herein are not intended to apply to the interior design, decor or finish of any residence, building or structure and neither the Association or the Architectural Review Committee shall have any interest whatsoever in such matters.
MAILBOXES
Mailbox design, materials and location shall be of a standard design approved by the Architectural Review Committee. Any mailboxes not in compliance with the current design requirements shall be required to be brought into conformance. (See Frequently Asked Questions for tips on replacing your mailbox).
MAINTENANCE - GENERAL
Notwithstanding anything herein to the contrary, a Lot Owner may at any time repair, repaint, resurface, refinish and otherwise maintain all or any part of his/her residence, building, fence or structure on the Lot, or any conforming mailbox without review or approval of the Architectural Review Committee, provided that any such repairs, repainting, resurfacing or refinishing or maintenance does not substantially alter the appearance, color, texture or surface of the exterior of any such building, fence or structure exposed to view.
MAINTENANCE - YARD
All Lot Owners are responsible for the reasonable maintenance of their property, including maintaining painted surfaces, lawn cutting, weed control and the proper handling and storage of garbage and garbage containers. A Lot Owner may, after notice of non-compliance and failure to remedy the situation within 30 days, be assessed by the Architectural Review Committee for the cost of maintaining the area in question, as well as all fees and costs incurred in remedying the situation.
NEW CONSTRUCTION AND EXTERIOR RENOVATIONS
No new construction, exterior additions or alterations to any building on the Property, additional fences, hedges, walls, walkways or other structures shall be commenced or erected without first obtaining approval of the Architectural Review Committee. Each submission shall be submitted to the Architectural Review Committee at least forty-five (45) days prior to the proposed commencement of construction or renovation and include the following to the extent relevant- House plans
- Certificate of Survey prepared by a registered land surveyor showing the house on the Lot, setback measurements, easements and existing and proposed elevations of the proposed house and lot grading;
- Exterior colors, brick, finishes, light fixtures, roofing shingles, etc.
NUISANCES
No obnoxious or offensive activities that are or may become an annoyance or nuisance shall be permitted on any Lot. All property owners shall maintain their yards and the exterior of their homes in an attractive manner.
ON SITE STORAGE
The parking and outside storage of commercial type vehicles such as school buses, recreational vehicles, trucks or construction-related equipment, semi-trucks and semi-trailers, earth moving equipment, or boats of any kind, motor homes, snowmobiles, camper trailers, or cars that are in disrepair or inoperable, shall be prohibited on any Lot for any continuous period in excess of five (5) days. However, cars that are regularly used for transportation and parked in the driveway are not considered to be stored. Permanent storage of the items listed above, or any similarly characterized vehicle or item, on any Lot is prohibited, unless, upon a showing by the Owner, that the proposed stored item is protected or hidden by landscaping or a structure that meets all applicable design criteria, as set forth herein, including Section 6.1.
OUTSIDE STRUCTURES INCLUDING PLAYHOUSE AND GAZEBOS
Lots shall be used only for residential purposes. No structures shall be erected, altered, placed or permitted to remain on any lot other than one single-family dwelling not to exceed two and one-half stories in height and an attached private garage. No tanks for the storage of fuel shall be maintained on any Lot. No storage structure, unattached garage or other auxiliary building, including tree houses and elevated play structures will be allowed on any Lot, except that gazebos or playhouses may be allowed, subject to the following restrictions:
- Size should be in keeping with the size of the available space and shall not exceed ten (10) feet in height to the peak of the highest point of the structure nor exceed one hundred (100) square feet;
- Structures will be permitted only in the back portion of a Lot behind the residential structure. The ARC may require locating the structure in a way so as to use existing plantings, trees or other landscaping to conceal the structure from view of neighboring Lots as much as possible. In addition, the ARC may require that additional landscaping be provided to further restrict the visibility of the structure;
- Materials must be of the same type and quality as those used on the main residential structure;
- Maintenance; Structures permitted under this exception must be well maintained and not allowed to become run-down or unsightly;
- Structures allowed under this exception may be used only for the activities typical of gazebos and playhouses as intended when the exception was granted. Usage of such structures must not result in loud noises or activities that infringe on neighboring Lot Owner’s rights to privacy and quiet. Using these structures for storage or other unallowed activities is not permitted;
- Prior to granting approval for any unattached structure, the ARC may contact neighboring Lot Owners to assure there are not strong, reasonable objections to the proposed structure;
- Revocation of Approval; If any of the above restrictions are violated and remain unremedied for more than 45 days after the Lot Owner is notified of the violation(s), or if more than three complaints are made of noisy activity, then the ARC may require that the structure be removed.
SIDING
Exterior siding materials, other than brick, stone, stucco or wood siding, are generally prohibited. Aluminum, steel and vinyl siding are not substitutes which will be approved by the Architectural Review Committee; however, other proposed siding materials which meet or exceed the general aesthetics and durability of brick, stone, stucco, or wood may be approved by the Architectural Review Committee, at its sole discretion.
SIGNS
No “For Sale” or political campaign signs larger than four hundred thirty-two (432) square inches (standard 18"x 24") will be permitted on any Lot. All political campaign signs may be displayed no longer than thirty (30) days prior to an election and must be removed within three (3) days after the election. Other signs (including, without limitation, realtor showings, garage sale, identification, advertising or directional signs) shall be permitted for duration of a maximum of seven (7) days.
TREES AND VEGETATION
It is the intent of these Covenants to maintain the unique character of the Evergreen Community. Inherent in the unique character is the existence of the varied vegetation and numerous trees throughout Evergreen. Lot Owners are encouraged to exercise prudent forestry practices to maintain and care for all trees and vegetation. Such care shall include the removal/elimination of undesirable intrusive vegetation, noxious weeds and dead or diseased trees that may impede the growth of healthy trees or vegetation.
YARD LIGHTS
A decorative electric post light shall be installed in the front yard of each Lot to provide a means of illumination to promote safety within the community.