Protective Covenants

1. Building Setbacks and Construction Requirements

• All residences and structures must comply with Mills County Subdivision setback regulations, except as otherwise provided below.
• A minimum setback of 100 feet is required from the front property line for all structures, and a minimum setback of 25 feet is required from side and rear property lines. Detached structures must be located to the side or rear of the residence.
• All homes must be constructed from standard residential building materials, including lumber, brick, concrete, concrete block, and metal. A minimum two-car garage is required, which may be under, attached, or detached from the home. Homes must be stick-built on-site. The developer reserves the right to approve or deny the construction of earth-style, earth berm, or modular homes within the subdivision.

2. Prohibited Structures

No mobile homes or manufactured homes shall be permitted. Shouses, barndominiums, or metal residence/shop combinations are allowed only on Lots 9, 10, 11, and 12.

3. Minimum Residential Square Footage

The main floor of all residences must have a minimum of 1,800 square feet, excluding garage space.

4. Sequence of Construction

A residence must be constructed prior to the construction of any other structures on the lot.

5. Developer Approval

The developers must approve all home construction plans and detached building designs prior to the commencement of construction.

6. Exterior Colors

No exterior paint color deemed obnoxious or inconsistent with the subdivision's aesthetic standards will be permitted. Exterior paint colors must be approved by the developer.

7. Swimming Pools

Swimming pools must be located in the rear yard, behind the residence. All pools must be enclosed by a barrier of at least four feet in height, which must not allow the passage of a four-inch sphere.

8. Utility Installation

All telephone, television, electric, and other utility service lines must be installed underground.

9. Livestock Restrictions

• Livestock is prohibited on Lots 1, 4, 5, and 9.
• On all other lots, one head of livestock per full acre is permitted, excluding swine. For example, Lot 11 (3.75 acres) may accommodate up to three head of livestock.
• Swine are prohibited, except for FFA and 4-H projects, permitted only between April and August each year and subject to the lot limitations stated above.
• Commercial animal operations are strictly prohibited. All livestock must be confined to the rear of the residence.
• No commercial dog kennels are permitted.

10. FFA and 4-H Projects

For FFA and 4-H projects, non-swine, hooved livestock and poultry are permitted from December through August, limited to a maximum of eight animals, and must be confined to the rear of the lot.

11. Erosion Control Compliance

Until transferred to a new owner, the developers are responsible for compliance with the Erosion Control Plan. Upon transfer, the new owner assumes responsibility for compliance, including maintaining private drives.

12. Amendment Rights

The developers reserve the right to amend these covenants until all lots are sold.

13. Firearm Discharge and Hunting

Hunting is prohibited within the subdivision. Discharge of firearms is permitted only between 10:00 a.m. and 7:00 p.m.

14. Fence Height and Specifications

• Fences in front of a residence may not exceed four feet in height.
• Fences constructed to the side or rear of a residence may not exceed six feet in height.
• Barbed wire and woven wire fences are prohibited, except on Lots 13, 14, 15, 16, 17, and 18.
• All fences must be approved by the developer prior to construction.

15. Satellite Dish Restrictions

Satellite dishes with a diameter exceeding 30 inches must be installed behind the residence.

16. Vehicle and Equipment Restrictions

• The assembly, disassembly, or general service of any car, truck, equipment, vehicle, camper, trailer, or other machinery is prohibited unless conducted within an enclosed garage or building.
• Outdoor storage of cars, trucks, equipment, vehicles, campers, trailers, or other machinery is prohibited unless for daily use.

17. Property Maintenance

Each lot owner is responsible for maintaining their lot in a neat and presentable condition, free from junk, abandoned vehicles, or accumulated debris.

18. Propane Tank Placement

Propane tanks must be placed in the side or rear yard of the lot.

19. Radio and Ham Radio Towers

No radio or ham radio towers are permitted without the developer's written consent.

20. Lot Maintenance

Each lot owner, whether occupied or vacant, must maintain the lot in a mowed and presentable condition.

21. Private Road Maintenance and Cost Allocation

• Private road repair and maintenance costs shall be divided proportionally among lot owners whose lots touch the private road in question, regardless of the location of the repair.
• Repairs exceeding $5,000 require written approval from 60% of the lot owners on the private road.
• Day-to-day maintenance, including grading, pothole repair, and snow removal, is the responsibility of the lot owner for the portion of the private drive that fronts their lot.
• Speed limits on private roads are limited to 10 MPH.

22. Easement for Ingress, Egress, and Services

• On Dew Berry Lane, Lots 1, 2, 3, and 4 have ingress/egress access and a school bus and postal services easement on Lot 1.
• On Coffee Tree Lane, Lots 13, 14, 15, 16, 17, and 18 have ingress/egress access and a school bus and postal services easement on Lot 13.
• School bus and postal structures will be installed by the developer on Lots 1 and 13, with maintenance costs proportionally split among lot owners touching the respective private roads.

23. Enforcement of Covenants

If any lot owner, their grantees, heirs, or assigns violate or attempt to violate these covenants, any lot owner may initiate legal or equitable proceedings to prevent such violation or to seek damages for said violation.

24. 1031 Tax Exchange Cooperation

At the seller's/developer's discretion, lot buyers shall cooperate with the seller/developer in facilitating a 1031 tax exchange at no expense to the buyer.

25. Utility and Telecommunications Easements

All lots shall allow rights-of-way for utilities, wells, and telecommunications existing as of the purchase date and for future infrastructure within 50 feet from the centerline of any road or private road.