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Restrictions and Reservations for Gilfield Village, Section I.

1. All lots shown on the plat are to be used for detached single-family residential purposes only.

2. No further subdivision of any lot shown on the plat shall be made without the prior written approval of the Developer, Gilfield Village LLC, or its assigns. However, any number of lots may be put together to form one lot.

3. No structure shall be erected, placed, or permitted to remain on any of the foregoing lots other than one detached single family dwelling, not to exceed two and one-half stories in height at the elevation facing the street, and a private garage sufficient to park two (2) vehicles. Homeowners/builders are required to have garages open either to the side of the house or to the rear of the house.  No front load garages are permitted without the written consent of the Architectural Review Committee.  Two-car garages are required and three-car garages are encouraged since out-buildings for storage are not permitted. 

4. Parking: Adequate off-street parking shall be provided by the owner of each lot for all vehicles owned by the Occupants of the residence. No Occupant of any residence shall regularly park on any street on this subdivision. There shall be no accumulation of inoperable vehicles or equipment, excessive numbers of vehicles, nor unsightly equipment or materials permitted on the property. Parking of all commercial and recreational vehicles, motor homes, boats and trailers, shall be in garages or in the rear yard behind the dwelling and within well-screened enclosures so that they are not visible from the street or create an eyesore to the neighborhood and adjacent lot owners.

5. Driveways on any lot must be either paved, concrete, brick pavers or any other imperious surface. Terminations or end-points of culverts under driveways are to be covered ornamental material in a design approved by the Architectural Committee.

6. No dwelling shall be placed on any lot that does not have a minimum area of finished heated square footage of 2,400 square feet of heated area for two-story or 1 ½ story dwelling and 2,100 square feet of overall heated area for a one-story. Carports, breezeways, porches, garages, stoops, basement areas shall not be included. The determination of the applicable minimum square footage required by any dwelling shall be made by Developer, or its assigns.

7. The exterior of any dwelling shall be of brick, stone, dryvit, stucco, or solid wood panels. No metal or vinyl siding or other synthetic materials are permitted.

8. The exposed exterior foundation walls (above grade level) of any residence or dwelling constructed on any Lot shall be faced with brick, stone and/or dryvit. In addition, the exposed exterior surface of all chimneys shall be faced with brick, stone, or dryvit. Any gas or wood fireplace appliance built into any dwelling shall be located to the inside of the dwelling or, if to be located to the outside of the dwelling, enclosed in a chimney unless otherwise approved in writing by the Developer or the Architectural Review Committee, whichever is applicable. Propane tanks shall be obscured from view.

9. The building setback lines set forth shall be the required setbacks required by the Bedford County Subdivision Ordinance or government regulation in effect at the time of construction.

10. No building (dwelling, out-building or garage) fence, outside lighting, screen planting, or other improvement shall be erected, altered, or placed on any lot unless building plans, specifications, and site plans showing the location of such improvements have been submitted in advance in writing to and approved in writing by the Developer or the Architectural Committee as to conformity and harmony of exterior design and exterior materials with existing structures in the area and as to location with respect to topography, lakes, streams and neighboring structures.

11. No landscaping, fence, wall, hedge, nor mass planting shall be performed, erected, altered, or placed on any lot unless landscaping plans, specification, and site plans showing the location of such improvements have been submitted in advance in writing to and approved in writing by the Architectural Committee as to conformity and harmony of exterior design and exterior materials with existing structures in the area and as to location with respect to topography, lakes, streams and neighboring structures. No landscaping shall interfere with the natural topography of the lot and adjacent lots without advance written approval of the Architectural Committee or Developer. It is strongly encouraged for lot owners to respect the natural habitat and retain the wooded environment.

12. The Developer shall regulate the type and style of mailboxes throughout the development. These may vary from Section to Section. The Developer shall fabricate and furnish mailboxes to residents at cost.

13. Each lot owner shall keep his property, lake or stream bank adjacent thereto free of tall grass, undergrowth, dead trees, trash and rubbish and properly maintained so as to present a pleasing appearance.

14. All utility lines shall be installed and maintained underground.

15. Television antennas, radio antennas, or television satellite dishes 18" or less in diameter may placed on the rear of any lot behind the dwelling so long as they are not readily visible from the street. Except as expressly permitted in the previous sentence, no communication receiving and/or transmitting devices (including, but not limited to, television antennas, radio antennas, satellite dishes, CB or other antennas) may be placed on any lot without the written approval of the Developer or the Architectural Review Committee, whichever is applicable.

16. Storage of firewood and trash containers shall be restricted to the rear yard so as not to create an eyesore for neighboring property owners.

17. Property Owners shall not be permitted to cease construction prior to full completion of any building or allow construction to be excessively greater than the average or usual construction time for similar dwellings built by reputable contractors in the local areas.

18. No damaged structure shall remain unrepaired or demolished for more than two (2) months.

19. No obnoxious or offensive activity shall be carried on within the subdivision, nor shall anything be done thereon which shall constitute a nuisance to the adjoining landowners. No signs or billboards shall be erected or maintained on any lot unless approved in advance by the Architectural Committee or Developer. No building materials (except during construction) or trade material or inventory may be stored outside at any time.

20. No house trailer, mobile home, doublewide or modular home shall be permitted at any time on any lot. No tractor-trailer or similar commercial truck shall be regularly parked on any lot. 21. No animals or poultry of any kind, other than house pets, shall be kept or maintained on any lot. Generally recognized house or yard pets, in reasonable number, may be kept and maintained on a lot provided pets are not kept or maintained for commercial purposes. No animals may be kept in such numbers as to create a nuisance to the neighbors. Animals not recognized as house or yard pets include horses, goats, swine, sheep, cattle, poultry, and any other barnyard or zoo-type animals.

22. No lot or part of any lot shall be used for a roadway or access to any other parcel of land lying outside this subdivision without the written consent of Developer, its successors or assigns.

23. All Property Owners, builders and contractors shall observe "best management practices" regarding conservation issues as are promoted by the County Planning Department and the Peaks of Otter Soil and Water Conservation District.

24. Notwithstanding any other provisions herein to the contrary, the Developer reserves for itself, its successors and assigns, the right to close, relocate streets and open new streets from this subdivision to property outside the subdivision, to change and modify the subdivision plan by changing the size and shape of any lot shown thereon including any building setback, yard or dwelling area requirement.

24. Each owner of any lake lot shall be responsible for the maintenance of the shoreline on their lot and shall have equal rights in the use and enjoyment of the lake with adjoining lake lot owners. Any repair or maintenance of the lake itself shall be equally shared among the owners.

Protective Covenants & Restrictions

A. Covenants and Restrictions: These restrictions are to run with the land and shall be binding until January 1, 2016, at which time said restrictions shall automatically be extended for successive periods of ten (10) years unless by instrument duly signed and acknowledged by the owners of property constituting not less than 75% of the lots shown on the plat, said restrictions are terminated in whole or part. By instrument duly signed and acknowledged by the owners of all lots shown on the plat, these restrictions may be amended at any time.

B. Enforcement: These restrictions shall be enforceable at law or equity by the Developer, its successors or assigns, as well as by the Architectural Committee or the Owner or Owners of any lots shown on said plat. Invalidation of any of these restrictions or any part thereof by judgment or court order or otherwise shall not affect any other provision hereof which shall remain in full force and effect.

C. These restrictions shall be applicable only to the numbered lots shown on the plat with which these reservations and restrictions are recorded, and shall not be applicable to adjacent property unless expressly made so by a further deed of dedication.

ARCHITECTURAL COMMITTEE:

A. The Architectural Committee, herein above from time to time mentioned, is hereby established for the purpose of reviewing and, as appropriate, approving or disapproving all plans submitted by Owners in accordance herewith. The Architectural Committee shall consist of three (3) persons appointed every three years on the first day of June by the Developer, its successors or assigns, to serve for three (3) years or until its successors shall have been duly appointed. Any vacancy occurring in the membership of said Committee may be filled for the balance of the unexpired term by the Developer or Assigns. Said Committee shall select one (1) of its members as chairman, keep written minutes of its proceedings, and have the right to establish reasonable by-laws, rules, and regulations for carrying on its business.

B. The Architectural Committee may, by unanimous written consent, designate one (1) of its members to act for it with respect to such matters as said Committee may see fit, but such designation shall be subject to termination at any time by the Committee upon request of any member thereof. No Committee member shall be entitled to compensation for serving as such.

C. The approval by the Architectural Committee of any plans and any requirement by the Architectural Committee that the plans be modified, shall not constitute a warranty or representation by the Architectural Committee of the adequacy, technical sufficiency or safety of the improvements described in such plans; and the Architectural Committee shall have no liability whatsoever for the failure of the plans or the improvements to comply with applicable building codes, ordinances, and laws or to comply with sound engineering, architectural or construction practices. In addition, in no event shall the Architectural Committee have any liability whatsoever to an Owner, contractor, or any other party for costs or damages (consequential or otherwise) that may be incurred or suffered on account of the Architectural Committee's approval, disapproval or conditional approval of any plans.

D. As long as the Developer owns one or more lots in Gilfield Village, the Developer or the Architectural Committee may enforce these restrictions. Enforcement of these restrictions shall be by proceedings at law or in equity, either to restrain violation or to recover damages, against any person or persons violating or attempting to violate any covenant, and said person or persons violating or attempting to violate any covenant shall be liable for all reasonable costs and all attorney fees in connection with any enforcement proceedings. At and after such time as the Developer does not own a lot in Gilfield Village, the Architectural Committee or any Owner of a lot in Gilfield Village may enforce these restrictions.

E. As long as the Developer owns a lot in Gilfield Village, the Developer may amend these restrictions and reservations. At and after such time as the Developer does not own any such lot, these restrictions may be amended or terminated only by the written consent of the Owners of at least sixty percent (60%) of the lots in Gilfield Village, duly recorded in the Clerk's Office of the Circuit Court of Bedford County, Virginia.

F. The Architectural Committee will collect from each household $25.00 annually to pay for the maintenance of the entrance, sign, lighting, plantings and grass mowing necessary to maintain the beauty of Gilfield Village. The Chairman of the Architectural Committee shall have the duty of making sure that said Committee sends out bills, pays vendors, and properly maintains the annual budget. Also, upon request, mail to any homeowner at the end of each year an accounting of money spent. It is also at the Architectural Committee's option as they see necessary to raise the annual fee, but not more than the cost of living index.