Summary of Restrictive Covenants for South Towne Square
South Towne Square is a subdivision located at 84th and Mingo within the City of Tulsa in Tulsa County. South Towne Square contains 157 homes with the restrictions detailed below.
Use of Land
1. All lots are residential and shall be used for single-family homes.
2. The clubhouse and park is owned and to be maintained by the South Towne Square Property Owners' Association.
Architectural/Grievance Committee - Plan Review
1. No building, fence or wall shall be erected, placed or altered on any lot until the building plans and specifications, drainage and grading plans, exterior color scheme and material and plot plan are approved in writing by the Architectural Committee. The Committee must approve or disapprove a proposal within 30 days, or undertake action to enjoin such construction, or such approval shall not be required and this covenant shall be deemed to have been fully complied with.
2. The purpose of the Architectural Committee is to promote good design and compatibility within the subdivision and in its review of plans or determination of any waiver must take into consideration the nature and character of the proposed building or structure, materials of which it is to be built, the availability of alternative materials, the site upon which it is proposed to be erected, and the harmony thereof with the surrounding area.
Utilities and Easements
1. The property owner is responsible for the repair and replacement of any landscaping and paving located within the utility easements in the event it is necessary to repair any underground water or sewer mains, electric, natural gas, communication or telephone service, and water or sewer facilities, except for the easements fronting on the streets.
2. The property owner is responsible for the protection of the underground electric and communication facilities located on property and shall prevent the alteration of grade or any construction activity which may interfere with said electric or communication facilities.
3. The property owner is responsible for paying for damage or relocation of such facilities caused or necessitated by acts of the owner or his agents or contractors.
Minimum Lot Size, Yards and Setbacks
1. No lot shall be split or resubdivided into any lot having an area of less that 8,750* square feet. However, a lot may be divided into a parcel having less than 8,750* square feet if such parcel is held in common ownership with an adjoining parcel and the resulting area of the two parcels is not less than 8,750* square feet. All lot splits shall be approved by the Tulsa Metropolitan Area Planning Commission.
*In the extended phase the minimum lot size is 6,900 square feet.
1. Each home shall have a garage for at least two automobiles. All garages shall be set back from the front of the dwelling a minimum of four (4) feet and have a four (4) feet overhang to hide or minimize the door exposure.* Dwellings on corner lots with side entry garages shall not require the setback but shall have a minimum of two (2) feet overhang.* This does not apply in the extended phase.
Building Material Requirements
1. Stem Walls. All exposed foundation or stem walls shall be of brick, stone or stucco. No concrete blocks, poured concrete or any other foundation will be exposed. No stem walls will be exposed.
2. Roofing. The roof shall be Heritage II, Timberline or equal and shall be black in color. A minimum of 10/12 pitch for roof systems on single story and 8/12 for two-story dwellings shall be used.
3. Exterior Walls. The first story of exterior walls of the dwelling shall be of at least 100% brick, stone or stucco. The area of all windows and doors located in said exterior walls and the area adjacent to patios and under porches shall be excluded. The part of the exterior wall that is extended above the interior room ceiling line due to the construction of a gable roof may be constructed of wood material. (Exclusive of fireplace chase).
4. Windows. All windows other than wood will be either anodized or electrostatically painted. Metal window frames will be in color harmony with the exterior color and texture of the residence. No unpainted aluminum will be permitted and wood frames will be painted, sealed or stained.
5. Siding. No steel, aluminum or plastic siding shall be permitted on any building.
6. Chimneys. All chimneys visible from the street shall be brick, stone or stucco. Chimney caps shall be rectangular and black.
7. Mail Boxes. Mailboxes visible from the street shall be cast aluminum or cast iron and shall be "filigree" design (Aims).
8. Waiver. The Architectural Committee may waive any building requirements set out above provided such waiver must be in writing, dated and signed by a majority of the Committee.
9. Street Setback. No building shall be erected or maintained nearer to a street than the building setback lines depicted on the plat.
10. Side Yard. Each lot shall maintain side yards that are not less that 5 feet. Side yards abutting a street shall be not less than 15 feet unless the garage entry is located on such side where it than shall not be less than 20 feet.
11. Rear Yard. Each lot shall maintain a rear yard of at least 20 feet; provided however, the customary accessory structures may be located in the required rear yard but no building shall be erected nearer than 10 feet to rear lot line not encroach on a utility easement.
12. Maximum Structure Height. Maximum structure height is 35 feet.
Floor Area of Dwellings
1. Single Story. A single story home shall have at least 2,300 square feet of finished, heated living area.
2. Two-story and Story-and-a-Half. A two-story or story-and-a-half shall have at least 2,500 square feet of finished, heated living area.
3. Computation of Living Area. The living area measurements shall be taken horizontally at the top plat level to the face of the outside wall. Required living area must average at least 7 feet 6 inches in height, except that computation of second or upper story living area, the height shall be 7 feet 6 inches for at least one-half of the required living area, and any area of less than 5 feet in height shall be excluded.
1. No building shall be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot.
1. No noxious or offensive activity shall be carried on upon any lot, nor shall trash or refuse be thrown or dumped on any vacant lot. Nothing shall done which may be or become an annoyance or nuisance to the neighborhood.
1. Advertising signs or other advertising structures on any lot is prohibited, except as follows: Signs advertising the sale or rental of a property provided they do not exceed nine (9) square feet are permitted. Signs advertising the development of South Towne Square may be located at the entrances, and permanent signs identifying the subdivision may be located at the entrances of South Towne Square.
1. No existing building of any sort may be moved onto or placed on any lot.
Temporary Structures and Outbuildings
1. No trailer, tent, garage, barn, outbuilding or any temporary structure shall be at any time used for human habitation, temporarily or permanently.
2. Any building that is detached from the principle dwelling shall be limited to buildings customarily accessory to a single-family dwelling and shall be of similar architectural design as the principle dwelling and shall not be erected until approval from the Architectural Committee.
Vehicle Storage and Parking
1. No inoperative vehicles shall be stored on any lot except within an enclosed garage.
2. No motor home, boat trailer, travel trailer or similar recreational vehicle shall be located, parked or stored within a side or front yard. If the vehicle is not located within an enclosed garage, it shall be screened sufficiently to prevent any view from the street.
1. No radio or television tower, aerial or antenna shall be located on any lot. Satellite dishes shall be screened from view of the street.
Interior Fences or Walls
1. No fence or wall shall exceed six (6) feet in height.
2. No fence or wall shall be erected or maintained nearer to the streets within the subdivision than the building setback lines depicted on the plat, excluding decorative fences and walls.
3. Except as noted in decorative fences below, fences or walls shall be of wood, brick, stone, stucco or wrought iron. No wire fences will be permitted.
4. Decorative fences or walls shall be permitted on any lot in front of the building setback line. Decorative fences or walls shall not exceed three (3) feet in height and shall be of the same decor, materials and styling as used in the architecture and construction of the home.
5. No fence or wall shall be erected on any lot until the plans, specifications, and design have been approved by the Architectural Committee.
6. The 11-foot rear utility easement and special fencing easement on the rear of lots 1 through 9, Block 3, STS Extended, is a special fencing area to permit the uninterrupted flow of surface storm water drainage.* These owners will maintain rear and side fencing raised above ground level sufficient to permit uninterrupted flow of surface storm drainage. *This applies to STS Extended only.
1. Each lot owner shall completely sod the yard from the front of the home to the street curb after completion of construction of the house.
2. Each lot owner shall plant two (2) trees of two (2)-inch caliper or larger within eight (8) feet behind the street curb.
3. Each lot owner shall plant the equivalent worth of $1,000 in landscaping materials exclusive of sodding and the two trees required above.
4. Landscaping plans shall be submitted to the Architectural Committee for approval prior to planting.
Formation of Owners' Association
1. The developers have formed the South Towne Square Property Owners' Association, Inc.
1. Every person or entity who is a record owner of the fee interest of a lot shall be a member of the Association.
Covenant for Assessments and Enforcement
1. The owners of a lot, by acceptance of a deed, is deemed to covenant and agree to pay to the Association an annual assessment established by the Board of Directors. The Board of Directors may increase the assessment each year by the percentage increase of the Consumer Price Index occurring over the 12 months ending 60 days prior to the current assessment period or 5%, whichever is greater.
1. These restrictions shall remain in full force and effect until December 1, 2015,* and shall automatically be continued thereafter for successive periods of 10 years each, unless terminated or amended.
*Restrictions for the extended phase remain in force until January 1, 2016.
Amendment or Termination
1. The covenants may be amended, modified, changed or canceled only by a written instrument signed and acknowledged by the owners of more than 75% of the lots within the subdivision.