BLD Homes Covenants and Building Restrictions
Restrictive Covenants – Beckwith
The following covenants shall be incorporated into all contracts for purchase and sale from the owner with the express intent that they shall be covenants running with the lands for the benefits of the lands in the subdivision as a building scheme, as set out in section 17(a) and (b) of the Subdivision Agreement.
(a) The Owner covenants and agrees that all contracts of sale by the Owner of any lot within the subdivision shall contain the following provisions, which provisions shall be incorporated in all deeds from the Owner with the express intent that it shall be a covenant running with the lands for the benefit of the lands in the subdivision as a building scheme:
(i) The Grantee for himself, his heirs, executors, administrators and assigns, covenants and agrees that he will not alter the slope of the lands described herein nor interfere with any drains established on the said lands, except in accordance with the established grading and drainage plan, without the written consent of the Township Engineer of the Township of Beckwith;
(ii) That no fences, shrubs or trees shall be placed on any drainage easements. Further, grading within any drainage easements shall be minimal and shall not hinder access for maintenance equipment;
(iii) Because the road and offtake ditches are designed to collect surface storm runoff only, no underground pipes or conduits shall be constructed to discharge into the ditches without the written permission of the Township Engineer.
(iv) The Grantee, for himself, his heirs, executors, administrators, successors and assigns covenants and agrees that he/she will maintain the land from the edge of the gravel shoulder to his/her lot line in a neat and orderly fashion including cutting the grass regularly and replacing any that dies and will maintain the stone infiltration strip where provided and remove any debris, leaves, grass and sediment, all to the satisfaction of the Township of Beckwith.
(v) The future owners of lots within the subdivision are advised that the general maintenance and upkeep of all ditches and drains within the subdivision will be the responsibility of the property owners.
PURCHASE AND SALE AGREEMENTS
(b) The Owner covenants and agrees that all contracts of sale by the Owner of any lot within the subdivision shall contain the following provisions, which provisions shall be incorporated in all deeds from the Owner with the express intent that it shall be a covenant running with the lands as long as the lands are vacant for the benefit of the lands in the subdivision as a building scheme:
(i) That lots shall be made suitable for the installation of sewage systems prior to or at the building permit stage to the satisfaction of the Township of Beckwith, or its agent, in accordance with the Ontario Building Code and the Code and Guide for Sewage Systems.
(ii) That all wells shall be located and constructed in accordance with the recommendations of the Hydrogeological Reports attached as Schedule”O” of the Subdivision Agreement; and
(iii) That the following reports, and all addenda thereto, shall be made available to lot purchasers as a guide to development.
(iv) That all well and septic system separation distances shall be in accordance with the Ontario Building Code (OBC) Section 184.108.40.206 Clearances and 220.127.116.11. Clearances for a Class 4 or 5 Sewage System (typically 15 m). These distances shall be increased when required by OBC Sentence 18.104.22.168. (11).
(v) That all on-site water wells be constructed in accordance with steel casing extended a minimum of 30.5 metres (100 feet) below ground surface and minimum of 3.0 metres into sound, competent bedrock. All wells shall be constructed in accordance with the Ontario Regulation 903 and the Township of Beckwith Well Compliance requirements; and that all existing wells that do not meet this specification be reconstructed with additional casing, abandoned or converted into monitoring wells.
(vi) That Supervision of well casing installation by a qualified professional engineer or hydrogeological consultant is required to ensure that wells are constructed in accordance with the requirements.
(vii) That before occupancy of the house a civic address number, as designated by the Township, shall be placed in accordance with the applicable municipal by-law; and
(viii) An automated photocell-operated 60 watt minimum lawn lamp shall be installed on private property within (1) metre of the front lot line of each lot in the Subdivision described in Schedule “A” hereto annexed, in accordance with specification approved by the Hydro Electric Power Commission of Ontario. Power to service the lamps on each lot shall be provided from the power supply of the dwelling unit to be constructed on each lot, which power shall be supplied at the expense of the Owner of the dwelling unit. The Owner of the dwelling unit shall maintain and keep in working order, and regularly lit every night the said lawn lamp, including carrying out the replacement of bulbs and the repair of the line if such is damaged;
(ix) That at the time of development, the approved Grading and Drainage Plan shall be followed in locating buildings and sewage systems and that prospective purchasers/developers shall be made aware of this requirement;
(x) That Hydro and telephone service lines have been installed to the lot.
(xi) That the Hydro and telephone service lines from the street to the building will be placed underground;
(xii) That the Chief Building Official has the authority to request certification from a qualified professional that the Underside of Footings Elevation is in conformity with the approved Grading and Drainage Plan.
(xiii) The lot grading and drainage plan as approved by the Leeds, Grenville & Lanark District Health unit, and the Mississippi Valley Conservation Authority shall be made available to lot purchasers as a guide to development.
(xiv) That heat pumps have not been approved for use in this subdivision and that their feasibility should be examined by a qualified hydrogeologist prior to their installation in order to avoid potential related problems of water supply and water quality.
(xv) The Owner personally and on behalf of all future Owners within the subdivision acknowledges that pupils residing within the subdivision are not guaranteed the right to attend the nearest public school. Pupils may be required to travel to other public schools within the county in accordance with policy of the Upper Canada District School Board;
(xvi) That the deeper aquifer referred to in the Hydrogeological Report be used as a source of potable water for the development.
(xvii) That most of the lots in the subdivision contain flat off-lake ditches along the side and rear yard lot lines. The Owner(s) of such lots acknowledge that these ditches form part of the subdivision drainage system, and that ponding of water in these ditches may occur from time to time. The Owner(s) further acknowledge that the Township of Beckwith is not responsible for any nuisance associated with the occurrence of ponding.
- Water softener discharge into the septic system is not permitted unless the system has been designed to accommodate such waste.
- All lots have been identified for potential mailbox service.
- In the event that a hydro service is not connected to a residence constructed on lots subject to this agreement within 3 years of the closing date, the vendor will forfeit a rebate from Hydro One in the amount of approximately $9,000.00.
DEVELOPERS COVENANTS AND BUILDING RESTRICTIONS
The following covenants shall be incorporated into all contracts of purchase and sale from the owner with the express there shall be covenants running with the lands for the benefits of the lands in the subdivision as a building scheme:
- All plans must be submitted to the developer for approval prior to obtaining a building permit.
- No dwelling shall be constructed having less than:
- 1,600 square feet for a bungalow;
- 2,400 square feet for a two-storey dwelling.
- No dwelling shall be constructed without having seventy-five (75%) percent of the front elevation being constructed of brick, stone, or stucco and vertical siding or shakes on the remainder of the front and on dormers.
- No dwelling shall be constructed without a two-car garage minimum.
- No dwelling shall be constructed without a poured concrete foundation.
- No dwelling shall be constructed within one hundred feet of the property line.
- There shall be no out buildings constructed without the approval of the Developer.
- There shall be no fences constructed without the approval of the developer (no chain link fences for example).
- No livestock or farm animals (animals that are kept for agricultural purposes) are allowed on the residential lots. This includes such domesticated animals as cows and chickens, and wild animals that are raised in confinement, including mink and fish.