Sumner Place DECLARATION OF COVENANTS~ CONDITIONS, ,AND
RESTRICTIONS, FOR SUMNER PLACE AT,SMOKERISE
WHEREAS, it is to the interest, benefit, and advantage of SUMNER SMOKERISE, INC.
(hereinafter referred to as "SSI") and to each and every person who shall hereafter purchase any
lot in that subdivision known as Sumner Place at Smokerise ("the Subdivision"), that certain
protective covenants governing and regulating the use and occupancy of the same be established,
set forth and declared to be covenants running with the land; and
WHEREAS, SSI deems it advisable to have a committee to administer said conditions and
restrictions, and does hereby name CHARLIE B. HARPER and KEVIN W. WALKER as the
permanent committee to serve during the life of this Declaration, and to be hereinafter referred to
as the "Committee," with the understanding and agreement that the Committee may be increased
from two to up to five members by mutual consent of the above named original members of the
Committee. New members of the Committee shall be elected by a majority of the Committee for
a term of five years. A majority vote of the Committee shall detemdne a decision in all questions
referred to the Cornmittee. A committee member may resign by tendering a written resignation to
the other committee members.
NOW, THEREFORE, in consideration of the premises set forth herein, SSI for itself; its
successors and assigns and its future grantees, does hereby place and impose the following
conditions, restrictions, reservations, easements, liens, and charges as detailed hereinafter, on real
property located in the City of Peachtree City, County of Fayette, State of Georgia, and being
more particularly described on Exhibit "A" attached hereto and made a part hereof by reference
thereto (''The Property").
No property other than that described herein above shall be deemed subject to this Declaration of
Protective Covenants, unless and until specifically made subject thereto. The declarants may,
from time to time, subject additional real property to the restrictions, covenants, reservations,
liens, and changes herein set forth by appropriate reference hereto.
Existing improvements to Lot 1 of The Subdivision shall be exempt from these covenants for
such time as Frank Fessenden occupies the existing home on Lot 1. Any future improvements to
Lot 1 shall be subject to all temps and conditions ofthi~ document.
1. LAND USE AND BUILDING TYPE:
(a) None of the lots which are in the Subdivision or the Property ("the Lots") may be
improved, used, or occupied for other than private residential purposes, and no flat, duplex, or
apartment house, though intended for residential purposes, may be erected thereon. Any
residence erected or maintained thereon shall be designated for occupancy by a single family only.
(b) No professional office, business, trade, or commercial activity of any kind shall be
conducted in any building or on any portion of any lot, block, or building site except for a real
estate sales office which may be constructed provided that it eventually becomes a single-family
residence.
(c) All building sites in the tract shall be known and described as residential building
sites.
(d) No structures other than the following exceptions shall be erected, altered, placed
or permitted to remain on any building site other than detached single family dwelling not to
exceed two stories in height, plus basement and/or attic space. Detached garages may be
permitted provided the floor area of said garage does not exceed nine hundred (900) square feet.
A poolhouse/cabana may be erected upon proper approval by the committee provided that the
structure's des'~, in the sole discretion of the committee, is to facilitate the use and enjoyment of
pool area, that said building has no more than six hundred (600) sq, are feet of floor area, and that
the building is not used as a "guest house" or in any way used as a rental or commercial facility.
All such detached garages and/or cabanas must be erected within the building set back lines as
herein provided.
(e) No animals, livestock, or poultry of any kind other than house pets, shall be kept
or maintained on any part of said property. Dogs and cats may be kept upon said property
provided that they are not kept, bred, or maintained for any commercial use or puq3ose. All dogs
and cats shall remain on a leash on cartpaths, streets, greenbelts, or city-owned property while
within the Subdivision. No more than five (5) dogs and/or cats shall be permitted at any
residence.
(f) No noxious, offensive, or illegal activity shall be carded on upon any lot, nor shall
anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood. No trash, paper, garbage, or refuse of any kind shall be dumped on other lots or
adjoining lands. This discharge of firearms is prohibited.
(g) No clothes lines shall be permitted.
(h) No greenhouses shall be permitted.
(i) Fences, if permitted, will he done so at the sole discretion of the Committee. Under no
circumstances will ehain-llnk or plnstie-link fences be approved for any portion of the Property.
Any fence with any portion visible from the street must blend with the architectural style of the
home.
2. ARCHITECTURAL CONTROL:
(a) No building shall be erected, placed or altered on any lot until the complete set of
construction plans and specifications and a site plan showing location of the driveway and
structure have been approved by the Committee as to quality of workmanship and materials,
harmony of external design with existing structures, and as to location with respect to topography
and finish grade elevation.
(b) No fence, swimming pool, retainer wall, outdoor fireplace, concrete pad,
monument or any other structure shall be erected, placed or altered on any lot unless s'nnilarly
approved in writing by the Committee.
(c) Actual samples of exterior materiai~ such as brick, stucco, roof shingles, etc. as
well as exterior color schemes must be submitted to the Committee for approval.
(d) Any approval required hereunder must be in writing from the Committee. In the
event the Committee fails to approve or disapprove said design or location within thirty (30) days
after submission of a written request, then such approval shall not be required provided the design
and location are in harmony with existing structures and locations in the subdivision, and do not
violate any restrictive covenant. Requirements for the submission of plans to the Committee are
in Section 16 of this declaration. If any finished building, addition, or modification does not
comply with the plans and specifications as submitted, the Committee retains the fight to require
the homeowner to make changes to the building, addition, or modification necessary for
compliance. These changes will be at the owner's expense.
3. DWELLING QUALITY AND SIZE:
(a) The dwelling and any permitted structures on the property, including detached garages
and/or cabanas, shall be constructed ora suitable material as approved by the Committee. All
homes shall have exterior veneer of brick, cementious siding, stone, and/or masonry stucco. Vinyl
siding is prohibited, with the exception for use around soffit, trim, etc.
(b) No two adjacem homes shall have identical or near-identical exterior color schemes.
No two adjacent homes shall have identical or near-identical appearance from the street,
particularly with regard to roof lines and front entries.
(c) All foundations must be of masonry or masonry veneer construction on portions
which can be viewed from the street. No concrete or concrete block foundation may be exposed
to view on any part of home. Masonry, as used herein, is defined to include brick, brick veneer,
stone, stone veneer, or stucco.
(d) Each Lot must have a mail box constructed of masonry in harmony with the structural
design and quality of workmanship of the main dwelling. Each mail box shall also include a
separate receptacle to serve as a newspaper box. Separate newspaper boxes not in harmony with
the architectural materials of the home are prohibited.
(e) The minimum floor area of any main dwelling structure, exclusive of porches,
terraces, basements, attics, patios, and garages shall be 3000 squ_a_re feet. The calculation of the
minimum floor area referred to herein shall not include any square footage attn~utable to
basements, attics, garages, or open porches of any type.
(f) No dwelling shall be erected without providing a parking space consisting of a durable
surface area, enclosed in the dwelling house, sufficient in size to store two standard automob'fles
and one golf cart, or three standard size automobiles, or, a detached garage with the same
capacity and meeting the requirements of Section 1-d.
(g) Driveways, walkways, and a front side walk must be completed prior to the
occupancy of any dwelling on a Lot.
(h) The driveway connection(s) at the street and mail box shall be approved by the
Committee as to structural design, quality of workmanship, and harmony of exterior design with
existing driveways. In the event the Committee fails to approve or disapprove said design within
thirty (30) days after submission of a written request, then such approval shall not be required;
provided, however, said design does not violate any restrictive covenant set forth herein.
(i) No plumbing veto shall be placed on the from side oftbe roof; nor shall any concrete
block be le~t exposed after completion of construction.
0) Ce'flings on the first floor of all residences shall have a minimum height of nine (9) feet.
(k) All windows shall be constructed of a suitable material other than metal.
(1) All front lawns shall be completed by the installation of sod in all areas of the from
lawn except landscaped islands planted with trees and/or shrubs. Sod must be installed and the
~ont yard landscaped before the home is occupied.
(m) All homes shall be completed within one year ofcommencoment of construction.
Construction shall be considered to commence when a clearing, grading, or building perrrdt is
issued by Peachtree City.
4. BUILDING LOCATION:
No building shall be located on any lot nearer to the front line or nearer to the side street
than the minimum building setback lines shown on the recorded plat. No building shall be located
nearer than fifteen (15) feet to an interior lot line. No dwelling shall be located on an interior lot
nearer than thirty (30) feet to the rear lot line. Swimming pools, the highest projection of which
shall not exceed 3 feet above ground, and outdoor fireplaces not to exceed six (6) feet in height,
may be erected and maintained within the rear setback but not nearer than twenty (20) feet from
the rear lot line of any lot. No such improvements, however, may be placed in or upon land
reserved for easements. For the purposes of this covenant, eaves and steps shall not be
considered as part of a building, provided, however, that this shall not be construed to pemdt any
portion of a building on a lot to encroach upon another lot. Exceptions to the requirements of
this paragraph may be made by the Committee in such instances as the Committee shall feel
warranted in order to prevent an unnecessary or undue hardship. Notwithstanding anything to the
contrary herein, the Committee shall have the right to permit reasonable modifications of the
setback requirements in cases where in the discretion of the Committee strict enforcement of these
setback provisions would warrant a hardship.
5. SUBDIVISION OF LOTS:
No Lot shall be subdivided for sale or otherwise so as to reduce the total area shown on
the recorded plat herein referenced, or any future plats of said Subdivision, except by an with the
consent of the Committee.
6. EASEMENTS:
SSI reserves an easemem in and fight at any time in the future to grant a fffieen (15) foot
or twenty five (25) foot right of way over, under, and along the rear line of each Lot for the
installation and maintenance of poles, lines, conduits, pipes, and other equipment necessary to or
useful for furnishing electric power, gas, telephone service, or other utilities including water and
sewerage service. SSI also reserves an easement in and right at any time in the future to grant a
ten (10) foot right of way over, under, and along the front side line of each lot for the same uses
and purposes.
SSI may include in any contract of deed herea~er made additional protective convenants
and restrictions not inconsistent with those contained herein.
No dwelling house, garage, outbuildings, swimming pools, or other structures of any kind
shall be built, erected, or maintained upon any such easements or detention areas and said
easements shall, at all times, be open and accessible to public and quasi-public utility corporations,
and other persons erecting, constructing, or servicing such utilities and quasi-public utilities, and
to declarants, their heirs, and assigns, all of whom shall have the right of ingress and egress
thereto and therefrom, and the right and privilege of doing whatever may be necessary in, under,
and upon said locations for the carrying out of any of the purposes for which said easements,
reservations, and rights of way are reserved, or may hereafter be reserved.
Drainage flow shall not be obstructed nor be diverted from drainage or utility easements as
designated above or on the recorded plat. The declarants reserve a ten (10) foot strip along the
rear and sides of all lots for drainage purposes, said easements being within the fifteen (15) foot
and twenty five (25) foot easements as designated on the above referred to plat.
7. USE RESTRICTIONS:
(a) No temporary building, mobile home, tent, shack, garage, barn, or other outbuilding
erected on a building site covered by these covenants shall at any time be used for human
habitation temporarily or permanently, nor shall any structure of a temporary character he used
for human habitation.
(b) 1'4o oil drilling, development, or refining operations, raining, qu_arrying, or operation of
sand and gravel pits, no soil removal or topsoil stripping or operations of any kind shall he
permitted upon or in any of the building sites in the tract described herein, nor shall oil wells,
tanks, tunnels, mineral excavations, or shafts be permitted upon or in any of the building sites
covered by these restrictions. No wells may be drilled or dug on any lot. No lot owner or
resident shall pump water bom a nearby stream for sprinkler systems or a private water supply.
(c) No fuel pumps may be maintained on the premises
(d) No above ground tanks of any type shall be maintained on the premises.
(e) No motor vehicle shall be permitted to remain on the premises for more than ten (10)
days in an inoperative condition, unless inside a garage. No car repairs of a major nature may be
carded on upon the premises. No lot or yard may be used as a parking area for heavy equipment
such as excavation, grading, and tractor equipment or heavy trucks such as commercial vans,
school buses, tran.qport tracks, and dump tracks. Pickup tracks are acceptable provided they have
not been significantly modified from the manufacturer's standards.
(f) No owner or resident shall, park or authorize others to park on the street overnight or
for any period to exceed six (6) hours. It is anticipated that the only need for on street parking
would be during a special event when the homeowner's driveway would be occupied by
ten-q~orary guests. Offenders shall receive at least two warnings by the Committee Before turning
matters over to proper authorities for enforcement.
(g) Neither radio and television antennas, nor satellite dishes greater than eighteen (18)
inches in diameter shall he installed that are visible from the street. No antennas or satellite dishes
of any kind shall Be installed that are not attached to the house.
(i) All playground equipment, including temporary and permanent basketball and soccer
goals shall Be placed on the rear of the property, and shall not be on the side of the residence, in
the driveway, or parking pad.
O) Each Lot must have a mail box constructed of masonry in harmony with the structural
design and quality of worklnanship of the main dwelling. Each mail box shall also include a
separate receptacle to serve as a newspaper box. Separate newspaper boxes not in harmony with
the architectural material.q of the home are prohibited.
(k) Neither a homeowner nor a builder shall pour concrete along the curbs in front of
driveways, or in any way obstruct the normal flow of water along the curb and gutter system.
8. SIGNS:
No signs, advertisements, billboards, or advertising structures of any kind may be erected
or maintained on any of the lots hereby restricted without the consent in writing of the
Committee; provided however that permission is hereby granted for:
(a) The erection and maintenance of not more than one advertising board on each lot, or
tract sold as conveyed, which advertising board shall not be more than five squ_axe feet in size and
may be used for the sole and exclusive purpose of advertising for sale or lease, the lot or tract
upon which it is erected.
(b) The erection and maintenance of signs for a particular political candidate or party, for
a period of not more than thirty (30) days prior to an election to 2 (two) days following the
election.
9. GARBAGE AND REFUSE DISPOSAL:
No lot shall be used or maimained as a dumping ground for rubbish. Trash, garbage, or
other waste shall not be kept except in sanitary containers. All equipment for the storage of such
material shall be kept in clean and sanitary condition. No trash or garbage shall be burned on any
lot.
10. SEWERAGE DISPOSAL:
(a) Individual sewerage disposal shall be pes-iBitted; however, said systems shall be
designed, located, and constructed in accordance with the requirements, standards, and
recommendations of the Georgia Department of Public Health. Approval of such systems as
installed shall be obtained from the Fayette County Health Department, and submitted as a part of
the site plan submitted to the Committee for approval. The ground shall not be disturbed above
the septic field lines nor shall there be any structure, including playground equipment, over said
line or on designated replacement area.
(b) Notwithstanding the above, at such time during the term of these covenants as a
sewerage collection system shall be provided by Peachtree City for an entire street in the
Subdivision or the entire Subdivision, any lot which then has an individual sewerage disposal
system shall be connected to the Subdivision's sewerage collection system. The cost of making
such connection shall be borne by the owners of any such lots at the time of connection including
any tap-on fees.
11. MAINTENANCE OF ENTRANCES:
At such time as SSI shall have conveyed at least eighty (80) percem of the Lots, the
owners of each individual Lot shall be jointly and severally liable for the maintenance of the signs
and landscaping at the entrances to the Subdivision. A majority of the owners of the Lots may
elect to establish a voluntary homeowners' associatin to be responsible for such maintenance and
may empower the said homeowners' association to assess fees as may be necessary to cover the
expenses of such maintenance. Said assessment shall apply to all Lot owners regardless of
membership status.
12. MAINTENANCE OF LOTS:
Each owner of a Lot in the Subdivision shall maintain their Lot in a neat and orderly
manner, including (but not limited to) regular cutting of the grass and shrubs located on each lot.
The Committee or SSI or both shall have the authority to maintain an unkept lot at the
expense of the owner. The owner of any Lot that is maintained by the Committee or SSI shall
pay for said expense immediately upon presentation of any bill, invoice, or request thereof.
13. SIGHT DISTANCE AT INTERSECTION:
No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between
two and six feet above the roadways shall he placed or pem,ltted to remain on any comer lot
within the triangular area fom~l by the street property lines and a llne connecting them at points
twenty five (25) feet from the intersection of the street lines, or in the case ora rounded property
comer from the street property lines extended. The same site line limitations shall apply to any
Lot within ten (t 0) feet from the intersection of a street property line with the edge of a driveway
or alley pavemem. No tree shall be permitted to remain within such distances of such
intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such
sight lines.
14. STORM WATER MONITORING AND ENFORCEMENT:
Sumner Place at Smokerise is developed under the State of Georgia's authorization to
discharge stot-m water under the National Pollution Discharge Elimination System ('%[PDES").
All builders, homeowners, and others who conduct activities effected by NPDES requirements
agree to maintain erosion control and prevention methods as established by The Committee as
"best management practices." or "BMPs". Builders and lot purchasers should he aware of the
permitting process required before disturbing, grading, digging, or in any way moving soil that
may create an opportunity for erosion.
In the event that SSI files a Notice of Termination prior to the construction of homes on
100% of the lots, owners of the remaining undeveloped Lots shall be tertiary permittces. The
tertiary pemfittees shall be responsible for all monitoring, record keeping, and reporting
requiremems mandated by NPDES until the Lot has undergone final stabili?ation and all storm
water discharges have ceased or have been eliminated and the Notice of Termination has been
filed with EPD.
15. CONSTRUCTION GUIDELINES:
Construction Guidelines shall he followed in part to assure that all builders and
homeowners meet NPDES requirements and Peachtree City ordinances. In addition, the
guidelines are designed to maintain orderliness and minimize the disruption to homeowners
caused by construction activities on nearby lots. The construction guidelines shall apply to all
utility companies, builders, and homeowners and their subcontractors, vendors, suppliers, delivery
persons, swimming pool contractors, installers, fencing contractors, landscapers, and any other
agent or employee of said builder or lot owner. The guidelines apply to new construction,
remodeling projects, home repairs, swimmin~ pool installation, fence installation, and landscape
installation and maintenance. Ail builders or lot owners shall be held responsible for the actions of
their agents who are perforating any work in the Subdivision.
The "Construction Guidelines" are attached hereto and incorporated herein as Exhibit 'B'
of this document.
16. PROCEDURAL REQUIREMENTS FOR SUBMISSION OF PLANS TO THE
COMMITTEE:
(a) House Plans: prior to application for a building permit, a detailed set of construction
plans shall be submitted to the Committee for review and approval. The plans must include but
are not limited to:
1. Front, rear, left side, and right side elevations showing complete dimensions, windows,
doors, siding material~ accent material, roof line, shingle type, chimneys, ridge vents, and floor
lines.
2. Basement plan showing dimensions, slab and grade notes, and mechanicals if
applicable.
3. Floor Plan for each floor showing dimensions, windows, doors, stairs, tray ceilings,
arches, m~ings, and bathroom & kitchen fixtures, and the square footage.
4. Roof plan showing dimensions, valleys, curves, ridges, chimneys, and fascia.
5. Electrical Plan showing outlets, ceiling fans, exhaust fans, garage door openers, smoke
detectors, cable connections, and telephone connections.
6. Total square footage of the house.
7. A detailed list of specifications.
(b) Site Plan: After submission of house construction plans to the Architectural Review
Committee and prior to the application of a building p~mfit or septic tank permit, a detailed site
plan shall be submitted to the Committee for review and approval. The site plan must include but
is not limited to the following information:
1. A boundary survey to scale giving dimensions of the lot, fight-of-ways, setback,
easements, buffers, cart paths, and any other restrictions (a photocopy of the lot from the final
plat is acceptable if enlarged to 8 ½ x 11 size).
2. The location of the home, driveway, parking pads, fences, swimming pool (if
applicable), and other structures. This must be done to scale.
3. The location and a brief description of the masonry mail box, columns, and other
monuments to be constructed.
4. The location of the septic tank and designation of the drainage area and replacement
area.
5. Soil and erosion plan showing silt fence and other storm water control measures.
(c) Changes, Modifications, and Additions: Builders shall submit any change in the site plan
or home construction plans during construction to the Committee in writing prior to the time
the change is made in the actual construction. Approval by the Committee of the change shall
be in writing and the work cannot begin until approved. Homeowners who wish to erect
fences, install swimming pools, construct additions, or modify the site plan or the house after
they have taken possession shall submit detailed plans in writing to the Committee for review
and shall not begin construction prior to Committee approval.
17. TERM:
These covenants are to run with the land and shall be binding on all parties and all persons
claiming under them for a period oftwenty-five (25) years from the date these covenants are
recorded, after which time said covenants shall be automatically extended for successive
periods often (10) years unless an instrument signed by a majority of the then owners of the
Lots has been recorded, agreeing to change said covenants in whole or in part.
18. ENFORCEMENT:
Enforcement shall be by proceedings at law or in equity against any person or persons
violating or attempting to violate any covenants either to restrain violation or to recover
damages.
19. SEVERABILITY:
Invalidation of any one of these covenants by judgment or court order shall in no way affect
any of the other provisions which shall remain in full force and effect.
20. LIMITATIONS OF RESTRICTIONS:
Nothing set out herein shall be held or construed to impose any restrictions on or easements in
any lands of SSI other than the land specifically designated at Exhibit "A" of these protective
covenants as being subject to these protective covenants.
IN WITNESS WHEREOF, SUMNER SMOKERISE, INC, the Declarant herein, has
hereunto set its hand and affixed its seal, this~ day of ,2002
Sumner Smokerise, Inc.,
BY
Charlie B. Harper
President
(Corporate Seal)
Sworn to and subscribed before
me this day of ,2002
Notary Public
EXHIBIT "A'
SUMNER PLACE AT SMOKERISE
ALL THAT TRACT or parcel of land lying and being in Land Lot 92 of the 7th District of
Fayette County, Georgia, and being Sumner Place at Smokerise, as shown on plat of said
subdivision recorded at Plat Book , Pages . , in the office of the Clerk of
Superior Court of Fayette County, Georgia, consisting of Lots 1 through 17, inclusive.