Your source for prime land in the Jim Thorpe community
  
  
           
 
 
 
 
  


 
 Deed Restrictions

Mauch Chunk Estates

1 - Grantees , their heirs, representatives, successors or assigns, shall not use or occupy said lot or piece of land for any purpose other than a residential dwelling with attached garage. No residential dwelling, or attached garage, shall be greater than 2 ½ stories in height above grade. No residential dwelling shall be constructed upon the lot or piece of ground unless total square footage in floor area is at least 1358 Square Feet, excluding an attached garage. All residential dwellings placed on any lot or piece of ground must be constructed on site. No homes of a modular design or built off-site and transported to the site may be erected upon the lot or piece of ground. All siding of any dwelling must use siding of earth tone color. No building of any character, detached from the dwelling, shall be erected or placed upon the lot or piece of land with the exception of one detached shed not to exceed 252 Square Feet in floor area. The detached shed must be a permanent part of the lot or piece of land and must be in the same style, design and color as the residential dwelling.

2 - No residential dwelling with attached garage or shed shall be erected, altered, placed or permitted within fifty (50) of the front, side or rear lot line. Grantees, their heirs, successors, representatives, or assigns, shall not use said lot or piece of land for any commercial or business purpose.

3 - The lot or piece of land herein conveyed shall not be divided, subdivided or reduced in size unless any remaining lots or pieces of land are in excess of 1½ acres or any divided or subdivided portion thereof is consolidated with one or more contiguous lots or pieces of land. Any subdivision, division or reduction in any lot or piece of land must comply with and receive approval of all municipal and state authorities having jurisdiction.

4 - No structure of a temporary character, trailer, basement, tent, shack or shed shall be used on any lot or piece of land at any time as a residence, either temporarily or permanently; nor shall any outhouse of any nature whatsoever be constructed or located upon the premises.

5 - Any construction initiated on any lot or piece of land must have a shell and exterior completed within nine months of the date of initial construction. The Grantees, their heirs, representatives, successors or assigns, shall remove all excess building materials from the construction site within thirty (30) days of completion of the exterior construction. All construction material of any kind, discarded as waste, must be contained in a sanitary container on a daily basis. No dwelling may be occupied as a residence until the exterior of said dwelling has been completed in its entirety, with the exception only of landscaping.

6- All roof, rain or sump pump water is not permitted to be discharged into the municipal sewer system. No roof, rain or sump pump water may be discharged onto the surface of the lot or piece of land. All roof, rain or sump pump water must be discharged on the lot or piece of land in a manner which allow said water to percolate into the ground. All roof, rain or sump pump water must be controlled by appropriate piping and piped into percolation pits, to be maintained on the premises in the 30% clearing zone as stated in paragraph (7) below, no smaller than 5 foot round and 6 foot deep and lined with stone no smaller than 3B grade. All percolation pits are considered a part of the exterior construction of the residential dwelling and must be constructed and completed before the residence can be occupied as in paragraph (5) above.

7 - No more than 30% of the gross square footage of the lot or piece of land may be cleared or utilized for any purpose. The remaining 70% of the gross square footage of the lot or piece of land, including the 50 foot setback requirement as outlined in (1) above, must be left in its natural state. Removal of snags is not permitted in the 70% undisturbed area. No cutting of indigenous plant or tree species, i.e., mountain laurel, is permitted at any time, except for the clearing of the lot or piece of land for the placement of a residential dwelling with attached garage including any cart-way or driveway connecting the residential dwelling to the common roadway. No cutting of trees or indigenous plant species is permitted unless a residential dwelling is to begin construction in no more than 30 days.

8 – No rubbish, trash, garbage or other waste materials shall be kept or permitted on any lot or piece of land, except in secure sanitary containers located in an appropriate area concealed from public view.

9 – No motor vehicle, as defined in the Pennsylvania Vehicle Code, as amended, which may not be operated upon any highway in the Commonwealth of Pennsylvania without a valid registration plate or certificate of inspection or title and which does not have a valid registration plate or certificate of inspection or title, shall be placed, parked or stored upon any lot or piece of land. The above exclusion will also include any type of watercraft, motor home or detachable trailer regardless of length, style or design, inclusive of any type of trailer used for transporting said watercraft.  

10 – Grantees, their heirs, representatives, successors or assigns, at their sole expense, shall connect the residential dwelling erected or hereafter to be erected on the lot or piece of land conveyed with the municipal sewerage system.

11 – No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot or piece of land, except that no more than a combined total of two dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose.

12 – Grantees, their heirs, representatives, successors or assigns shall be responsible for the maintenance of the property between the lot line and common roadway, i.e., the edge of the paved surface of the road or curbing fronting their property.

13 – Any way, cart-way or driveway leading from the common roadway to any residential dwelling shall be no greater in width then fifteen (15) feet at any point except where said cart-way or driveway meets the common roadway, at which point, it shall be no wider than twenty (20) feet for a distance of no longer than ten (10) feet. Any and all other impervious surface on the lot or piece of land shall be limited to no more than one thousand (1000) square feet, including all areas that connect the residential dwelling to the cart-way or driveway.

14 – The Grantees, their heirs, representatives and assigns, covenant to bear an annual assessment for the maintenance of common roadways imposed by Mauch Chunk Estates. Grantees further covenant and agree that payment of the assessment of the expenses noted herein within thirty (30) days of billing for the same by Mauch Chunk Estates, its successors and assigns shall operate as a condition precedent to the exercise of any privilege in recreational facilities now or hereafter provided by Mauch Chunk Estates, its successors and assigns, for which annual fees will be imposed by Mauch Chunk Estates, its successors and assigns. Further conveyances of the lot or piece of land shall be made to a Grantee under and subject to the covenants of the Grantee to extinguish any and all prior assessments for the maintenance of common roadways, which were imposed by Mauch Chunk Estates, its successors and assigns and which remain unpaid and outstanding against the lot or piece of land conveyed at the time of the sale.

15 – All assessments made by Mauch Chunk Estates, its successors and assigns, in accordance and provided for by these restrictions, limitations, conditions and covenants, if not paid on the date when due, shall then become delinquent and shall, together with interest thereon form the due date at a rate of eighteen percent per annum, and cost of collection thereof (including reasonable attorney’s fees where permitted by law), become a continuing lien on the lot or piece of land against which such assessment is made that shall bind such lot or piece of land in the hands of the Grantees, their heirs, representative, successors or assigns, and shall also be a continuing personal obligation of the owner against whom the assessment is levied. 

16 – Easements upon, under, over and across the lot or piece of land hereinabove described are expected and reserved by the Grantor in favor of Mauch Chunk Estates, its successors and assign, for the right and privilege of locating, construction, operating and maintaining cable television, telephone, electric transmission lines, sewerage and drainage facilities and other utilities with necessary wires, pipes, lines, fixtures, and other apparatus and appliances, together with the right of ingress, egress and regress along said line or lines for the purpose of installation, operation and maintenance as required by Mauch Chunk Estates, its successors and assigns. All electrical transmission lines or lines and other utility services shall be placed underground unless otherwise permitted by Mauch Chunk Estates, its successors or assigns.

17 – If any provision of this Declaration of Protective Covenants and Conditions shall, at any time, be deemed illegal or unenforceable, then that provision shall be deemed not to be a part of these protective covenants and conditions, and the remainder of these protective covenants and conditions shall not be affected thereby.