(7) APPROVAL OF PLANS AND POSTING OF
CONSTRUCTION BOND: For the purposes of further insuring the development of the
lands comprehended within MIDDLESEX BEACH as a residential and commercial
development of high standards, the power to control the buildings, structures
or improvements placed on each Lot or given land area therein shall be, and the
same hereby is, vested in Middlesex Beach Association, and its successors.
Whether or not provision therefore is specifically stated in any conveyance of
a Lot or given land area in MIDDLESEX BEACH, the owner or occupier of each and
every Lot, by acceptance of title thereto, or by taking possession thereof,
covenants and agrees that no building, structure or improvement shall be placed
upon such Lot unless and until the plans and specifications therefore, and the
plot and grading plans thereof, showing the nature, kind, shape, height,
materials, floor plans, color scheme, location and approximate cost of such
structure and the grading plan of the lot to be built upon shall have been
submitted to and finally approved in writing by Middlesex Beach Association
and, a copy thereof, has finally been approved and lodged permanently with the
records of the Middlesex Beach Association. Each such building, structure, or
other improvement shall be placed on the premises only in accordance with such
plans, specifications, plot and grading plans so approved. Refusal or approval
of such plans, specifications, plot and grading plans by such Association may be
based on any grounds related to the health, safety and/or general welfare of
the members of the community as a whole including the contiguous landowners,
and the effect on the property values thereof, which in the sole and
uncontrolled discretion of the Association shall seem sufficient and in so
passing upon such plans, specifications, plot and grading plans. It shall
further have the right to take into consideration the suitability of the
proposed building or other structure and of the materials of which it is to be
built, to the site upon which it is proposed to erect the same, the harmony
thereof with the surroundings and the effect of the building or other
structure, as planned, on the outlook from the adjacent or neighboring
property, and conformity with these restrictive covenants and the rules and
regulations applicable to Middlesex Beach. Each property owner of Middlesex
Beach Association shall comply with reasonable rules and regulations pertaining
to any construction at Middlesex Beach as enacted by Middlesex Beach
Association through its building committee. No alteration in the exterior
appearance of any building, structure, or improvement shall be made without
like final written approval. If the Association shall fail to disapprove the
plans. specifications. or plot plans within thirty (30) days after written
request therefor then such approval shall not be required; PROVIDED, HOWEVER,
that no building, structure or improvement shall be erected which violates any
of these covenants, restrictions, or reservations, as hereinbefore or
hereinafter set forth. A completion and damage deposit in the form of a cash
deposit or bond posted by a licensed insurance or bonding company with the
State of Delaware in an amount equal to five percent (5%) of the contract must
be submitted to the Middlesex Beach Association at the time that plans as
provided herein are submitted if the estimated cost of the proposed
construction exceeds Ten Thousand ($10,000) Dollars. The deposit or bond shall
be held by the Association to ensure completion of the construction, removal of
debris and trash relating to construction, repairing of roadways and any common
elements damaged by the contractor or subcontractor(s), and payment to the
Association for enforcement of any covenants or regulation violated by the
property owner, contractor, or subcontractor(s). The deposit or bond shall be
held until 30 days after a Certificate of Occupancy has been issued by the
Sussex County Building Code Office and final inspection by the Middlesex Beach
Association and a determination by the Association that the construction
complies with the Restrictive Covenants and plans submitted by the property
owner and approved by the Association.
(8) BUILDING FRONT: All main or
principal buildings erected upon any Lot located in MIDDLESEX BEACH shall front
as follows:
(a) Lots 1 to 31, inclusive, of block A,
to the East;
(b) Lots 3 and 4 of Block B, and Lots 5
to 9, inclusive, of Blocks C, D, E, F, and G. to the East;
(c) Lots 1 and 2, Block B, and Lots 2 and
4 of Blocks C, D, E, F, and G, to the North;
(d) Lots 1 and 3, of Blocks C, D, E, F,
and G, to the South;
(e) Lots 1 and 3, inclusive, of Blocks
H, I, J, K, and L, to the East; and the rear frontage thereof to the West shall
be attractively screened or fenced in the manner approved by Middlesex Beach
Association;
(f) Lot 29, of Block M, Lot 29, of Block
N, Lot 23, of Block O, Lot 27, of block P, Lot 25, of Block Q, and Lot 13, of
Block R, to the South or to the East;
(g) Lot 30, of Block M, Lot 30, of
Block N, Lot 24, of Block O, Lot 26, of Block P, and Lot 26, of Block Q, to the
North or to the East;
(h) Lots 1, of Blocks M, N, P, Q, and R,
to the South or West;
(i) Lots 2, of Blocks M, N, P, and Q, to
the North or to the West;
(j) All the remaining Lots of Block R to
the South;
(k) All the remaining even numbered Lots
of Blocks M, N, O, P, and Q, to the North; and
(l) All the remaining odd-numbered Lots
of Blocks M, N, O, P, and Q to the South.
(9) SET-BACK LINES: For construction,
after date of the enactment of these restrictions, November 1, 1986, set-back
lines shall be measured from the widest building appurtenances exclusive of
roof overhang two (2) feet or less. If roof overhang is greater than two (2)
feet, it will be included in the set-back. The following building set-back
lines are hereby established for MIDDLESEX BEACH, and front yards, side yards
and rear yards of each Lot shall be maintained free of any buildings or
structures, or part thereof, in accordance therewith, except as hereinafter
provided:
(a) in Blocks M, N, O, P, Q, and R. the
building set-back line shall be twenty-five (25) feet from all
"Roads" and Delaware State Route No. 361. In the case of each
interior side-yard, the building set-back line of each Lot shall be fifteen
(15) feet from the common side boundary line between said Lot and the adjoining
Lot. In the case of each interior rear-yard, the building set-back line of each
Lot shall be twenty-five (25) feet from the common rear boundary line between
said Lot and the adjoining Lot, and for the purpose of this restriction, each
Lot abutting on any boundary line of Middlesex Beach, as shown upon the
aforesaid Plat, such boundary line shall be deemed to be an interior common
rear boundary line of those Lots which abut upon any of the same.
(b) In Blocks H, I, J, K, and L, the
building set-back line shall be fifty (50) feet from Ocean Highway and Beach
Plum Road, and ten (10) feet from all other "Roads".
(c) In Block A the building set-back
line shall be twenty-five (25) feet from Dune Road and from the beach area of
Middlesex Beach. The building set-back line from an 10’ Walkway shall be ten
(10) feet. In case of each interior side-yard, the building set-back line of
each Lot shall be ten (10) feet from the common side boundary line between said
Lot and adjoining Lot.
(d) In Blocks B, C, D, E, F and G, the
front building set-back line of any Lot bordering upon any "Road"
shall be twenty-five (25) feet and the building set-back line of any Lot the
side of which borders upon an "Road" or upon "Ocean
Highway", shall be ten (10) feet. In case of each rear-yard, the building
set-back line of each Lot shall be twenty-five (25) feet from the common rear
boundary line of such Lot and any boundary line of an adjoining Lot. In case of
each side-yard, the building set-back line of each Lot shall be ten (10) feet
from the common side boundary line of said Lot and any other boundary line of
an adjoining Lot.
(e) In cases of single ownership of more
than one Lot, these set-back lines all apply to the parcel owned as a whole.
(f) The building area of any Lot or land
area located in the Residential District of Middlesex Beach shall not exceed
forty-five percent (45%) of the Lot or land area of the premises.
(g) In the Residential District, wherever
the owner of any given Lot or land area is authorized to erect thereon a
detached private garage or other detached small out-building, as aforesaid, the
front line of such accessory building shall be not less than ten (10) feet back
from the rear line of the principal dwelling house, and the height thereof
shall be not more than fifteen (15) feet. Further, such accessory building may
encroach upon one side yard and/or the rear yard (except where such side or
rear yard adjoins upon any "Road", "Walkway" or
"Highway" of MIDDLESEX BEACH) of each Lot or land area, as follows:
Any such accessory building must have two (2) side and one (I) rear yard, each
of the width of not less than four (4) feet
(15) SIGNS:
I. DEFINITIONS:
A.) Sign: A structure, symbol, device,
banner, commercial flag, illustration, mural, painting, or written message
designed or intended to convey information to the public in written or
pictorial form. Such information may include a commercial advertisement,
announcement, identification, description, direction or similar communication.
B.) Sign Area: The entire area within a
continuous perimeter, enclosing the entire limits of the sign display,
including any frame, structure, or border. Curved or spherical signs, or signs
which are composed of letters, words, representations, forms, shapes or designs
which follow no rectangular pattern, shall be considered to include the entire
rectangular area encompassing the entire outer limits of the letters, words,
representation, forms shapes or designs.
II. RESIDENTIAL DISTRICT OF MIDDLESEX
BEACH. Only the following exterior signs may be displayed on any lot:
A.) One "For Sale" and/or one
"For Rent" sign referring only to the premises upon which the sign is
erected or posted, which signs shall not exceed an area of six square feet on
any side or facing and, provided further, that no such sign unattached to a
dwelling shall exceed five feet in height.
B.) Signs in conjunction with doorbells or mailboxes not exceeding one square
foot in area.
C.) One name and address sign not exceeding two square feet in area.
D.) Temporary construction or landscaping company signs not exceeding ten
square feet per side or facing identifying the company engaged in the
construction or landscaping and displayed on the premises only during such time
as the actual construction work is in progress, provided that, no such sign
shall exceed six feet in height.
E.) One sign issued by a security or
protective service company not exceeding two square feet in area and one such
company sticker on each window or door.
F.) Signs in connection with any
candidate for elected office, special election or referendum issue, provided that
the size of any such sign is not in excess of ten square feet per any side or
facing and, provided further, that no such sign unattached to a dwelling shall
exceed six feet in height. No such sign shall be erected more than sixty days
prior to any contested election or referendum and shall be removed within ten
days following the election or referendum date.
G.) Signs erected or required by the
State of Delaware or the County of Sussex, or erected at the direction of the
Middlesex Beach Association Board of Directors.
H.) No sign in the Residential District
shall contain any reflective material or an internal or direct exterior
lighting source. All height limitations shall be measured from the level of the
road nearest the sign. All ground signs shall have a minimum front setback of
five feet and a minimum setback of ten feet from each side property line and
shall contain no more than two sides or facings.
III. COMMERCIAL DISTRICT OF MIDDLESEX
BEACH: Only the following exterior signs are permitted:
A.) All signs permitted in the
Residential District.
B.) One permanent ground sign per lot,
as such lots are described on the Sussex County Tax Parcel Map. Said ground
sign include all signs unattached to any building and erected on or supported
by one or more uprights, poles, posts or braces placed in or supported by the
ground. All such signs shall have a minimum front setback of five feet from the
right of way of Route 1, shall have a minimum side setback of twenty feet from
each side property line, shall have a minimum setback of twenty-five feet from
the right of way line of an intersection with another street and shall contain
no more than two sides or facings, back to back. No sign structure shall exceed
eighteen feet in height, such height to be measured from the level of the road
nearest the sign. The area of such ground sign shall not exceed one hundred
square feet on any side or facing.
C.) In addition to the permanent ground
signs permitted in this provision, each store, shop, office or similar commercial
unit shall be permitted one permanent sign attached to or painted on each wall,
other than a wall facing Beach Plum Road, provided that no such sign shall
exceed 36 square feet, and, provided further, that no such sign facing
northward or southward shall be illuminated from within, nor from the rear, nor
from lights affixed to the sign or the wall, nor contain reflective material. The
sign facing Route 1 may be an illuminated awning, wall sign, or other attached
exterior sign, not to exceed thirty-six square feet per sign. No sign shall be
situated upon or attached to any roof, except a portion of a roof which is
perpendicular to the ground or has a roof slope of greater than 85 degrees and
which is essentially an extension of the wall over which it is constructed.
D.) In addition to the provisions of
Sub-sections B and C above, each store, shop, office or similar commercial unit
may display one non-illuminated sign, not exceeding eight square feet in area,
with letters not exceeding one foot in height, painted, stamped, or stitched on
the surface of any awning or canopy, provided that only the copy, logo or
display area of such sign shall be considered in any square foot limitations.
E.) In addition to the provisions of
Sub-section B, C, and D above, each store, shop, office or similar commercial
unit may display temporary commercial signage in the form of posters, banners,
pennants or commercial flags not to exceed a total combined area of thirty-six
square feet. Such an area calculation
shall include the area of all posters, banners, pennants, or commercial flags
so displayed.
IV. SIGNS PROHIBITED IN ALL DISTRICTS OF
MIDDLESEX BEACH:
A.) Flashing signs, except
time-and-temperature signs.
B.) Animated signs.
C.) Signs which produce noise or sounds
or emit visible smoke, vapor, particles or odor.
D.) Signs with intermittent lights
resembling or seeming to resemble the flashing lights customarily associated
with danger or such as are customarily used by police, fire or ambulance
vehicles or for navigation purposes.
E.) Signs located and so illuminated as
to provide a background of colored lights blending with traffic signals to the
extent of confusing a motorist when viewed from normal approaching position of
vehicle at a distance of twenty-five to three hundred feet.
F.) Signs in any location that obstruct
a motorist's vision of traffic control signals or of other vehicular traffic.
G.) Signs attached to trees or utility
poles.
H.) Signs attached to any vehicle parked
primarily for display purposes.
I.) Signs located within twenty-five
feet of any right of way line of an intersection with another sheet.
J.)Signs attached to or painted on a
wall which rise above the lowermost portion of the roof of the building upon
which it is situated.
K.) Signs directing attention to any
business, commodity, service or entertainment conducted, sold or offered
elsewhere than upon the premises where the sign is maintained.
V. SIGNS PROHIBITED ON MIDDLESEX BEACH
ASSOCIATION COMMON PROPERTY:
No sign of any character shall be erected or posted on Middlesex Beach
Association common property (property within the boundaries of Middlesex Beach
other than privately owned lots), including but not limited to streets and
rights of way, unless erected or posted at the direction of the Middlesex Beach
Association Board.
VI. WRITTEN APPROVAL REQUIRED:
Notwithstanding the foregoing, no ground
sign or attached sign, other than those expressly permitted in the Residential
District of Middlesex Beach, shall be erected, reconstructed or replaced on any
lot in the Commercial District of Middlesex Beach without the final written
approval of the Middlesex Beach Association Building Committee. All such signs
shall be compatible with the adjoining residential neighborhood as well as
other signs in the Commercial District approved in writing by the Middlesex
Beach Association. The erection, placement, replacement or reconstruction of
any sign, whether in the Residential District or the Commercial District of
Middlesex Beach, may be determined to be in violation of these provisions based
upon any criteria or requirement, including specifically, but not limited to
the requirement of Building Committee approval of signs in the Commercial
District, set forth in this Section or Section 7 of these Restrictive Covenants
pertaining to the approval of construction plans and either disapproved or, if
found in violation, ordered removed, whether or not the erection, construction,
placement, reconstruction or replacement of such sign is completed. All signs
shall be maintained in good and safe condition and neat and trim appearance. If
the property owner fails to comply with any requirements of this Section or any
direction or decision of the Building Committee pursuant thereto, Middlesex
Beach Association may, after due notice, either correct the condition at the
sole expense of the property owner in a manner as determined by the Middlesex
Beach Association or pursue the remedies provided for in Section 19 of these
Restrictive Covenants.
VII. NON-CONFORMING SIGNS;
I. Any permanent sign in existence on
the effective date of this amendment to the Restrictive Covenants shall be
allowed to remain. However, if an existing sign is destroyed by at least fifty
percent or falls into disrepair of at least fifty percent of such sign, then
any reconstruction must be in accordance with this Section. The condition of
the sign in question shall be determined by the Building Committee at the time
the sign permit application is filed. The condition of such sign shall also be
evaluated at the time it is destroyed or falls into disrepair. Portable,
temporary or moveable signs, including commercial banners, posters, pennants,
or commercial flags, that are in violation of this Section shall be removed not
later than thirty days after the effective date of this amendment. Applications
for a permit to replace a non-conforming sign shall not be considered as a
reconstruction of a non-conforming sign and, therefore, the replacement sign
must be in accordance with this Section.
(18) DURATION AND AMENDMENTS: The
foregoing Restrictive Covenants and Reservations shall run with the land, and
the title thereto, as herein and hereby conveyed, and the same shall be binding
upon all parties hereto, and upon all persons claiming hereunder, as well as
their respective heirs, successors, and assigns, as the ease may be, in
perpetuity: SUBJECT HOWEVER, TO THE PROVISO that Middlesex Beach Association,
by and with the vote or written consent of no less than sixty percent (60%) of
the then owners of all the Lots in MIDDLESEX BEACH shall have the power to
waive, abandon, terminate, modify, alter, change, amend, or add to these
Restrictive Covenants and Reservations, or any of them, at any time hereafter.
Any such waiver, abandonment, termination, modification, alteration, change,
amendment, or addition shall take effect when a copy thereof, executed and
acknowledged by Middlesex Beach Association, in accord with the usual form of
execution and acknowledgment of Deeds to land by a Delaware corporation,
together with the written consents of the requisite number of Lot owners, or a
certificate by the Association verified under oath by the President thereof, or
in the case of his absence or inability, by any Vice-President thereof, setting
forth the time, manner and result of the taking of the vote of all the Lot
owners in MIDDLESEX BEACH, have been filed for record in the Office of the
Recorder of Deeds of the State of Delaware, in and for Sussex County, and the
same shall thereafter remain in effect in perpetuity, unless and until the same
shall thereafter be waived, abandoned, terminated, modified, altered, changed,
amended, or added to, as the case may be. In the taking of any such vote, or
the obtaining of any such written consent, of the Lot owners in MIDDLESEX
BEACH. Each owner shall have as many votes or consents as he, she, it, or they
may own Lots situate in MIDDLESEX BEACH.
(19) REMEDIES: In the event any party
hereto, or his, her or its, heirs, successors, or assigns, as the case may be,
shall violate, or attempt to violate, any of the foregoing restrictive
covenants or reservations while the same remain in force and effect, then and
in such an event, it shall be lawful for any other person or persons owning a
legal interest in any Lot located in MIDDLESEX BEACH, or for Middlesex Beach
Association, and its successors, to bring any proceeding to take any action,
either in law or in equity, against such violator of any of the foregoing
restrictive covenants or reservations as may be applicable to prevent or abate
the violation thereof or to recover damages resulting from any such violation
or attempted violation thereof. In the event that an action is brought by any
such person or by Middlesex Beach Association for nonpayment of an assessment
and/or for the enforcement of any of the restrictive covenants and obligations
arising from them in any court of competent jurisdiction, the remedy shall
include the payment of reasonable attorney’s fees, which in no event shall be
less than $300.00, litigation expenses and court costs to Middlesex Beach
Association and/or to other party(ies) who take action to enforce any of the
foregoing restrictive covenants. It shall be no defense in any such action that
the property owner is absent or that the property is leased to a third party.
Moreover, any party who violates any of the restrictive covenants of Middlesex
Beach including but not limited to Paragraph 17 above for delinquent
maintenance assessments hereby agrees that such violation irreparably harms
Middlesex Beach and hereby authorizes the Court of Chancery of the State of
Delaware to enter a temporary, preliminary and/or permanent restraining and
injunctive order preventing the offending party from occupying or building on
any property in Middlesex Beach until such violation(s) is corrected and
further agrees that the Court of Chancery of the State of Delaware in and for
Sussex County would have subject matter and personal jurisdiction in any such
case.
The invalidating of any one of the
foregoing restrictive covenants, reservations, or any provisions thereof, by
any court of competent jurisdiction shall in nowise affect or impair the full
force and effect of all other restrictive covenants, reservations, and
provisions hereinbefore set forth, and in any such event all such other
restrictive covenants, reservations, and provisions as are not expressly invalidated
thereby shall remain in full force and effect.
In the event any party owning a freehold
interest in any Lot located in MIDDLESEX BEACH desires to make a complaint of
an alleged violation of any of these reservations or restrictive covenants unto
Middlesex Beach Association, or to propose unto Middlesex Beach Association any
waiver, abandonment, termination, modification, alteration, change, or addition
of, in or to these reservations and restrictive covenants, or any of them such
complaint or proposal, as the case may be, must first be reduced to writing and
signed by the complaining party, or proposer, as the case may be, before it may
be considered by Middlesex Beach Association.
