Mattawan Heights Restrictions

Usage and Building Standards

for the Plat of and Designated Parcel Areas Adjacent to

Mattawan Heights

Affected areas: all restrictions and covenants addressed herein shall apply to all lots and parcels within the area described as follows:

Lots and Parcels Defined: “Lot(s)”, “parcel(s)”, “plat”, “designated adjacent area(s)”, or “home site(s)” means lot, parcel, or area located within the premises of the above legal description.

Purpose and Permitted Uses: The areas within Mattawan Heights and designated adjacent areas were developed for construction and use of single family dwellings, therefore only incidental uses will be permitted.

Architectural Review Committee: The Architectural Review Committee shall consist of two or more members appointed by the Plat Developers: James Boven, Lucinda Boven Mark Boven and Penny Boven, or their successor(s) and assignee(s), until such time as they no longer have ownership of any lot in the Plat, at which time the Architectural Review Committee shall consist of members appointed by the property owners of Mattawan Heights and designated adjacent areas. The purpose of the Architectural Review Committee shall be to determine the size requirements and aesthetic quality of all uses and constructed improvements in the plat.

Variances: The Architectural Review Committee shall have the power to grant variances from any architectural requirement if the requesting party demonstrates a legitimate hardship in adhering to these standards required herein, and the variance does not detract from these intended purposes and permitted uses mentioned herein, and does not violate any government ordinances.

Set back Requirements: The minimum set-back from the front lot line shall be 50 feet. The minimum set-back from any side or rear line shall be 20 feet.

Lot Preparation: Any substantial change in the contour of a lot or designated parcel must be approved by the Architectural Review Committee and any soil removed during site preparation shall be used on that lot or shall be placed in an area of the Plat designated by the Architectural Review Committee

Construction requirements: All buildings or improvements, including houses, outbuildings, sheds, fences, and landscaping shall be approved by the Architectural Review Committee. All dwellings shall have an attached garage capable of sheltering not less than two nor more than four full sized automobiles, and shall be between 480 and 1250 square feet. Construction shall proceed to completion without unreasonable delay once excavation has started. Construction work must be completed according to the approved plans within twelve months of ground breaking. All dwellings shall have a basement of at least 800 square feet, with a height of not less than 8’, and not more than 10’.

Decorating: All dwellings shall have a combination of several of the following distinguishing features to improve the overall look of the plat, such as covered front porches with painted railings, posts, and balusters; brick, stucco, decorative shingles, premium painted wood, vinyl, or aluminum siding, brick, front facing dormers, colonial trim, and any other features required or approved by the Architectural Review Committee during plan review.

Dwelling Size (Lots 1-10): Single story and bi-level homes must have a main level of at least 1500 Square feet. All multi level and 1 ½ and 2 story homes shall have a total finished habitable square footage of 1700 square feet, with an 800 square feet a minimum on the first (main) floor.

Dwelling Size (Lots 11-31, Parcels A-C): Single story and bi-level homes must have a main level of at least 1400 Square feet. All multi level and 1 ½ and 2 story homes shall have a total finished habitable square footage of 1600 square feet, with an 800 square feet a minimum on the first (main) floor.

Dwelling Size (Lots 32-42, Parcel D): Single story and bi-level homes must have a main level of at least 1200 Square feet. All multi level and 1 ½ and 2 story homes shall have a total finished habitable square footage of 1400 square feet, with an 800 square feet a minimum on the first (main) floor.

Other size requirements: No finished areas in basements or sub-grade levels will be counted to arrive at the minimum square footage calculations, unless otherwise specified. Square footage of any house may be decreased up to 15% when the house includes an attached covered front porch. The total square footage of the habitable area of the house may be decreased 1 square foot for each 2 square feet of floor area within the porch. In no instance shall the main floor of a two story contain less than 800 square feet, and the main floor of a single story home be decreased more than 200 square feet, regardless of covered porch size. All posts, rails, balusters, and skirt boards of said porches shall be painted white (or any color approved by the Architectural Review Committee) within 6 months of occupancy.

Roof requirements: All roofs, dormers and gables visible from the road shall comply with the following minimum roof pitch requirements:

Gable lengths less than 4': Not permitted.

Gable lengths 4'-6' in length: 12/12

Gable lengths 6'-12' in length: 10/12

Gable lengths 12'-20' in length: 8/12

Gable lengths 20'-30' in length: 6/12

Gable lengths 30' and greater: 5/12

Porch roofs with pitches as low as 4/12 will be permitted when the following criteria are met: The gable ends of the porch face the side or rear, the eave faces the front, and the roof plane intersects with either a roof with a minimum pitch of 8-12, or the front wall of the second story in a two story home. Rear facing dormers and shed type roofs not visible from the road with pitches of 4/12 and up will be permitted.

Outbuildings: Accessory buildings of pole or footing type construction are allowed, but must meet the following requirements: No more than two outbuildings per dwelling, per lot. The total square footage of all outbuildings shall not exceed 2000 square feet. The measurement from the finished exterior grade to the eaves on the sides of all outbuildings shall not exceed 12' in height. All outbuildings shall be sided and trimmed with brick, painted wood, aluminum, vinyl, or steel, and shall have finished eaves, fascia, and shingled roofs, with colors matching or complimentary to the dwelling. Roof pitches shall adhere to the requirements set forth in the roof requirement section above. No outbuilding shall be placed on any lot until construction of the dwelling is well under construction, and shall not be used as housing under any circumstances. All outbuilding construction plans shall be approved by the Architectural Review Committee.

Signs: No sign, other than one advertising the house or lot for sale shall be permitted, except, the developer may place and maintain additional signs at or near the entrances to said Plat at P Avenue and 1^st Street. All signs must be professional in appearance.

Model Homes: The developer may construct and maintain one or more model homes in the Plat, and may use such models to promote the sale of houses and lots in the Plat.

Subletting: No owner of any lot shall lease or sublet less than the whole of any dwelling.

Domestic Animals and Livestock: No livestock or poultry shall be raised, bred or kept on any lot or parcel except for dogs, cats, or other domestic pets which are confined to the owner’s lot. All animals shall be kept in a clean and healthy environment, and boarded in such a manner as not to cause a nuisance to neighboring properties, such as odors, stripped vegetation, noise, etc. Outdoor animals must be confined to the rear area of the lot in a committee approved fenced area or outbuilding, and shall not be allowed to run free off the owners lot. No more than 3 dogs or 5 cats shall be allowed at each home. Under no circumstances shall there be more than a total of 6 animals per household.

Trucks, trailers, equipment, boats, pleasure vehicles & R.V.s: No semi tractor, freight trailer, or trucks greater than a 1 ton rating., or any other equipment shall be allowed to park in the plat or designated adjacent parcel areas at any time, (unless stored in an Architectural Review Committee approved outbuilding, or completely screened by a double row of evergreen trees of sufficient size so as to not make the item visible from the road or adjacent lots,) except for the purposes of delivering materials, supplies, construction service, or furnishings to a premises located in the plat or designated parcels. R.V.s, pleasure vehicles and boats must be stored in outbuildings or off the premises, or in an area screened with evergreen trees, except that they can be parked on the driveway of the premises for up to 24 hours a month for packing and unpacking for uses off premises. All equipment used to maintain premises within plat and designated adjacent areas shall be stored inside an approved garage or shed. The operation of pleasure vehicles, such as motorcycles, go-carts, A.T.V.s, snowmobiles, etc., is prohibited within the plat and designated adjacent areas, except for the purpose of loading and unloading to use off premises.

Automobile storage: All automobiles at each home site shall be stored inside a garage or outbuilding, except for the following circumstances: Up to two automobiles may be stored outside in the driveway as long as they are, licensed, kept clean looking and free of rust or collision damage, and kept in good repair. Short term parking for periods of less than 48 hours shall be permitted for family gatherings and neighborhood meetings.

Blight: All owners of lots in the plat and designated areas shall maintain their premises by regular mowing, landscape maintenance, repairs, painting, or any other maintenance required to keep the premises in a generally accepted state of attractiveness. Stockpiling of garbage, auto parts, building materials, or any other odd items shall be strictly prohibited.

Nuisances and illegal activities: No nuisance, such as excessively loud noise, offensive acts, etc., or illegal activities, such as keeping and discharging of illegal firearms, manufacturing, use and sales of illegal drugs, etc., will be allowed within the plat and designated adjacent areas.

Septic Systems: A Sanitation Permit for an on-site sewage disposal system shall be obtained from the Kalamazoo County Public Health Department before construction begins on any lot.

Water Wells: A Water Well Permit for an on-site water supply system shall be obtained from the Kalamazoo County Public Health Department before construction begins on any lot. Water Wells shall be drilled to reach a minimum depth of __ feet below the surface or they must pass through a protective barrier of at least __ feet in thickness.

Driveway Access: Parcels A, C, & D shall not be allowed direct driveway access out onto 1st Street and shall have a driveway connecting to Pennycress Lane or Chicory Trail only. A driveway permit shall be obtained from the Kalamazoo County Road Commission before construction begins on any lot.

The invalidation of any one or more of these standards and restrictions by any court shall not affect the remaining standards and restrictions which shall continue in full force.

Any person, persons, or entities owning any lot or building site within said Plat may take legal action against the person or persons violating or attempting to violate any of these standards and restrictions and prevent them from doing so or recover damages for their breach. In the event legal action is taken to enforce these restrictions, the prevailing party, in addition to the relief requested, will also recover their actual attorney fees.

In the event that any of these restrictions are violated and the owner of any parcel fails to cure the violation, the owners of a majority of the lots in the Plat may vote to have the violation cured, cause the work to be performed on the parcel and place a lien on the parcel for the total cost to cure the violation. This lien shall be recorded and bear interest at the statutory rate of interest on judgments in Michigan and may be foreclosed upon in the same manner as a mortgage on the premises.

Any restriction regarding septic systems or water wells are effective in perpetuity and can be amended only with the written consent of the Kalamazoo County Public Health Department. Restriction(s) regarding driveway access are effective in perpetuity and can be amended only with the written consent of the Kalamazoo County Road Commission. All other restrictions and covenants are to run with the land and shall be binding on all parties and persons claiming under them for a period of ten (10) years from the date these restrictions and covenants are recorded, after which time said restrictions and covenants shall be automatically extended for successive periods of (5) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to modify these restrictions in whole or part.