(1)  It is the intent of ‘THE CARAWAYS’ subdivision to preserve and enhance scenic views and where possible to preserve the natural mountain woodlands.  Where possible, new homes should be located in a manner that would preserve long-distance views.  In order to assure, however, that the foregoing consideration are given maximum effect, the site and location of any house or dwelling or other structure upon any lot shall be controlled by and must be approved by the original subdivision developer or their assigns.

(2)  Residential density shall not exceed one single-family residence for each lot, and sales or other conveyances of parcels which would reduce a residential lot  are prohibited.

(3)  All structures must be site built.  Site built structures must be platform frame, post and beam, or similar construction for equal strength and durability.  All residential structures must be designed for detached single-family occupancy and may not be divided into duplex, condominiums or apartment configurations. Manufactured homes, including but not limited to single or double-wide mobile homes and modular homes are not permitted.

(4) No structure shall be erected, enlarged, remodeled or moved until the construction plans and specifications therefore have been approved, in writing by the original subdivision developer or their designated agent. No house plans will be approved unless the proposed house shall have a minimum of 2000 square feet of enclosed dwelling area, provided that this restriction may be expressly waived in writing by the original subdivision developer, but in no event shall any residence contain less than 2000 square feet of heated space.  Other factors to be considered in the approval of such plans and specifications include aesthetics of site and design, harmony in design with the existing structures, and stability of the structure, materials and workmanship.    

(5) Outbuildings or structures must be constructed in an architectural style and with materials consistent with those of the residence, so as to maintain a harmonious appearance, and in no event may the floor space exceed one-half of that of the residence.  Any outbuilding, visible from the entrance to the property upon which it is located, must be in a position which is subordinate to the residence. Manufactured outbuildings that do not meet these standards are prohibited.

(6)  All service utilities, garbage cans, fuel tank, clothes lines, television satellite dishes, and wood piles are to be enclosed within a plant screen or wall  so as to preclude the same from causing an unsightly view from any street within the subdivision or from any other residence within the subdivision. 

(7)  Fences must be constructed in a manner that contributes to the harmonious appearance and general architectural style of the subdivision.  Fences are only permitted with specific approval of the original subdivision developer.  

(8)  Except as is provided in paragraph (9) hereinbelow, use of the property is restricted to single-family residential occupancy.  Rentals are prohibited except that (a) an owner may rent the entire property to a single-family renter, or (b) a resident/owner requiring live-in assistance, for reason of poor health or infirmity, may rent rooms to single person or married couple who provide the required assistance.

(9)  Notwithstanding the restrictions for residential use set forth above, business use by full-time resident/owners is permitted, provided the business activity meets all of the following criteria:  (a)  All business activity must be of the type that does not  violate the character of a residential neighborhood, by virtue of noise, odor, appearance, hazard, or by volume or type of traffic; and (b) Business activity requiring customer or client traffic to  the premises is prohibited; and  (c)  Business activity must be used within residence or in an outbuilding conforming to the requirements of paragraph (5) hereinabove; and (e) Outdoor storage and outdoor location of business supplies, inventory or equipment is prohibited; and (f)Commercial signs of all types are prohibited.

(10)  All sewage disposal shall be by septic tanks and drain fields, which meet all requirements of Randolph County Health Department.

(11)  All electrical and telephone services lines or cables shall be buried.  All fuel tanks and satellite dishes shall be screened or enclosed by permanent landscaping and/or structures, so as not to be visible from the roadway.  No commercial utility nightlight poles.

(12)  No junk vehicles, junked or abandoned property, or other unsightly objects that negatively detract from the scenic perseveration intent of this subdivision covenant are permitted.  No other unsightly objects of any kind may be stored or maintained on the property.  No commercial vehicles shall be parked or stored on the property, except in a carport, garage, or similar approved structure.

(13)  In order to maintain the unique atmosphere created by scenic mountain highways, all lots bordering SR1004 known as

Caraway Mountain Road

are required to maintain a twenty-five (25) foot no cut natural buffer fronting the highway.  This buffer area is intended to protect existing trees and flora, and to protect the scenic views associated with a mountain atmosphere.

(14)  No animals other than dogs, cats or similar household pets shall be permitted on any lot.  No poultry, swine, or livestock shall be allowed on any lot.  All pets must be confined to the owners or occupants premises.  No animals of any kind shall be kept, bred, or maintained on any lot for commercial purposes.  No dangerous or obnoxious animals may be kept on the property. 

 (15)  No garbage or domestic trash shall be disposed of by burning or burying on any property.

 (16)  No offensive activity which may be, or may become a nuisance or annoyance to the neighborhood, shall be permitted, nor shall any property be used or occupied to the detriment of the use, occupation, or value of any other property owner.

(17)  Simultaneously with the execution of any deed, conveying any property lying within the restricted area, the grantors and the grantee(s) shall each execute a ROADWAY MAINTENANCE AGREEMENT, in the form of “Exhibit B”, which is attached hereto and incorporated herein by reference, as additional restrictive covenants.  This agreement remains enforce until DOT state maintenance begins.

(18)  To preserve the characteristics of the Caraway Mountain ecology, tree cutting should be minimal.  Clear cutting of lots is prohibited.  Driveways should be paved to prevent erosion.

 (19)  Enforcement of restrictions:  This Declaration may be enforced at law or in equity by the Declarant, their heirs or successors, or by the owner of any lot.  In the event legal action shall be instituted by the Declarant or the owner of any lot to enforce any of the provisions of these restrictions, then, in the event of successful conclusion of the legal action in favor of the Declarant or the owner, the respondents shall be obligated to pay all legal expenses, including attorney fees, incurred by the Declarant or owner in the enforcement of the covenants.

 This declaration shall run with the land and shall be binding on all parties claiming under the DECLARANT FOR A PERIOD OF TWENTY-FIVE (25) years from the date of recordation, after which time the same shall be automatically extended for consecutive periods of ten (10) years unless an instrument signed by a majority of the owners of the lots shall be recorded agreeing to change or terminate this declaration in whole or in part.  This declaration may be enforced at law or in equity by the DECLARANT, their heirs or successors, or by the owner of any lot.  Invalidation of any one of these covenants or any part hereof shall in no wise affect the remainder.

DECLARANT reserves the right to waive, in whole or in part, minor violations of the foregoing covenants.  DECLARANT may appoint a successor by an instrument filed in the Randolph County Registry.