Proposed Brantley Co_ Amended Protective Cove.docx

Note to Clerk:

William T. Ligon, Jr.

The Ligon Firm, P.C.

158 Scranton Connector Brunswick, Georgia 31525

AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS FOR

THIS AMENDED DECLARATION OF PROTECTIVE COVENANTS, made the _____ day of _____________, 2024, by Brantley County, a Political Subdivision of the State of Georgia, and _______________, _______________, _______________, _______________, _______________, _____________, _______________, _______________, _______________, _______________, _____________, _______________, _______________, _______________, _______________, _______________, _______________, _____________, _______________, (hereinafter collectively referred to as “Declarant”), pursuant to a Plat, dated the ____ day of ______,_______ prepared by__________,recorded in Plat Book____,Page____, records of Brantley County, Georgia (hereinafter referred to as the “Plat”), as amended and revised by that Plat prepared by __________________ dated the ______ day of_______,____recorded in Plat Book___, Page___ records of Brantley County, of the State of Georgia (hereinafter collectively referred to as “_____________________”)

W I T N E S S E T H

WHEREAS, Declarant owns the Lot or Lots identified next to the respective Declarant’s signature line on this Amended and Restated Declaration of Protective Covenants, as more fully described according to the Plat; and, WHEREAS, the Declaration of Protective Covenants for______________ Subdivision dated the _____day of ________, _____ was recorded at Deed Book _______, Page _____ in the Office of the Clerk of Superior Court, Brantley County, Georgia.

WHEREAS, the Undersigned constitute at least 75% of the owners of lots in the Subdivision and;

WHEREAS, the Undersigned desire to Amend the Covenants to provide for the use of the properties as a residential mini farm community.

NOW, THEREFORE, for and in consideration of the premises and of the benefits to be derived by Undersigned and each and every subsequent owner of any of the lots in _____________, (individual lots in ________ are hereinafter referred to as a “Farm”) the Undersigned do hereby set up, establish, promulgate and declare the following protective covenants to apply to all of the Farms. These protective covenants shall be binding on all persons claiming under and through the Undersigned until twenty (20) years from the date of this instrument, at which time such covenants shall be extended as provided in Section III of these protective covenants.

I. AMENDMENT TO COVENANTS

1. The Declaration of Protective Covenants for_____________ recorded at Deed Book____, Page_____ Brantley County, Georgia, __________ is amended by deleting the Declaration in its entirety and substituting these Amended and Restated Protective Covenants in its place. This Amended and Restated Declaration is hereinafter referred to as the “Declaration”. The name of ______ is hereby changed to______Farms.

II. ARCHITECTURAL CONTROL

1. ARCHITECTURAL CONTROL. The Association established under Section II shall exercise all of the duties of the Architectural Review Committee, which shall have the architectural control in the subdivision. At any time and without notice to the property owners, the Association, in its sole discretion may delegate all or part of the duties and responsibilities of the architectural control, under such terms and conditions that the Association may elect. In that event the entity so designated by the Association shall be appointed by and serve, at the pleasure of the Association shall be appointed by and serve, at the pleasure of the Association, which entity shall exercise such powers assigned to it for architectural control.

2. APPROVAL OF ARCHITECTURAL PLANS. No building or residence, fences, walls, driveways, parking areas, service court, docks or other structure shall be commenced, erected, maintained nor shall any addition to or exterior change or alter building hereto be made until the plans and specifications showing the nature, kind, shape, heights, material, floor plan, exterior color scheme, location, square footage and grading, shall have been submitted to and approved by the Architectural Review Committee and a copy of the plans and building specifications are to be lodged permanently with the Architectural Review Committee. Upon submission of the plans as herein specified the Architectural Review Committee shall have thirty (30) days to approve or disapprove any such building plans, and specifications, and may in its absolute discretion, reject any or all the plans which are not suitable or desirable for any reason, including purely aesthetic reasons. If plans are not approved within these thirty (30) days, the presumption shall be that the plans are approved. In acting upon such plans and specifications, the Architectural Review Committee shall have the absolute and discretionary right to take into consideration the suitability of the proposed building, the materials from which it is proposed to be erected, the harmony thereof with the surrounding properties as planned and taking into considerations the outlook from the adjacent or neighboring properties. All such building plans and specifications shall consist of not less than section details, floor plans of all floors, elevation drawings of all exterior walls, roofs, etc. fronting any street, roof plans and a plot plan showing the location and orientation of the building on the lot, with all setbacks and easements shown and shall also show the location of driveways, walkways service courts, parking and all other proposed construction upon the lot. The Architectural Review Committee reserves the absolute right to establish and enforce the general development criteria for the approval of construction of improvements on the property which is subject to these restrictions, said right to include general or specific requirements concerning the location of any structure upon the lot, nature, kind, shape, heights , width, materials, color schemes, as well as the architectural and structural requirements thereof.

3. VARIANCES. The Architectural Review Committee may issue variances from any building covenant, except dwelling size and county zoning setbacks, covering the construction or alteration of improvements on the property; provided such improvements substantially comply with the provisions hereof and provided the Architectural Review Committee acts in accordance with adopted and published guidelines and procedures.

III. FARM OWNER’S ASSOCIATION

1. MEMBERSHIP. Every person or entity who is the record owner of a fee or an undivided interest in any Farm shall automatically be, and shall be required to become, a member of the The_________________________ Property Owners Association hereinafter referred to as the “Association” organized and operated for the benefit of owners of real property in ________. Membership in the Association is subject to the terms and conditions of the Articles of Incorporation of the Association and the By-Laws, to which reference is hereby made for all purposes. No owner shall have no more than one (1) membership per Farm. Membership shall be appurtenant to and may not be separated from the fee ownership of any Farm which is subject to assessment by the Association. Ownership of such Farm is and shall be the sole qualification for membership in the Association.

2. VOTING RIGHTS. There shall be one vote per Farm (or subdivision thereof as stated in these Protective Covenants.) For example, if a Farm is subdivided into two Farms each Farm shall have one (1) vote, or if multiple farms are consolidated into one Farm, then the Farm shall have one (1) vote.

3. TRANSFER OF MEMBERSHIP. Transfer of membership held by any owner of any Farm shall be accomplished automatically upon the sale or encumbrance of such Farm and then only the purchaser of record of said Farm shall be a member. Any attempt to make a prohibited transfer shall be void and will not be reflected upon the books or records of the Association.

4. ASSOCIATION RIGHTS. The Association shall have the right to establish uniform rules and regulations pertaining to the use of general and limited common properties, not inconsistent with the restrictions herein contained. The Association shall also have the following rights:

a. The right of the Association to levy and assess fees and assessments against each Farm.

b. The right of the association to suspend the voting rights of any member for any period during which any assessment shall remain unpaid or delinquent.

c. The right to enforce the rules and regulations by an action at law or in equity.

d. The Association and all members thereof shall operate and be governed by the Articles of Incorporation and by the By-Laws of the Association, as the same may be amended from time to time.

e. The Association and all members thereof shall operate and be governed by the Articles of Incorporation of the Association and by the By-Laws of the Association, as the same may be amended from time to time, by a majority vote of 75%.

5. MEMBER’S RIGHTS IN COMMON AREAS AND ENJOYMENT. Every member shall have a right and easement into and upon the streets, roads, park, or any other portion of the facilities owned or maintained by the Association now or hereafter acquired, leased to or controlled by the Association for the common use and enjoyment of the members which are hereinafter referred to as "Common Properties" and such easement shall be appurtenant to and pass with title to every Farm, subject to the following:

a. The right of the Association to dedicate or transfer all or any part of the Common Properties to Brantley County, Georgia or any public agency, authority or utility which may be agreed to by a majority or the members;

b. The right of the Association to levy and assess fees and assessments against each Farm;

c. The right of the Association to suspend the voting rights and the rights to use any Common Properties for any period during which any assessment shall remain unpaid or delinquent;

6. ALLOCATION OF ASSESSMENTS. Each farm or consolidation of Farms to form a single Farm shall be allocated an equal share of the common expenses.

7. MASTER ASSOCIATION. The Master Association shall be charged with the maintenance of the roads and Common Areas within the Developments. The Master Association shall have the authority to assess fees to each farm owner for maintenance of the roads and Common Areas. The Master Association, subject to approval of farm owners, shall be comprised of the owners of lots or farms in the following Developments: Satilla Plantation Phase 1, Satilla Plantation Phase 2, Satilla Plantation addition to Phase 2, Satilla Plantation Phase 3, Satilla Plantation Phase 4, Satilla Plantation Phase 5, Satilla Plantation Phase 6, Satilla Pastures, Fox Ridge, Eagles Crest, Pinecrest Phase 1, Pinecrest Phase 2, Pinecrest Phase 3, Pinecrest Phase 3, Pinecrest Phase 4, Pinecrest Phase 5 and The Preserve at Satilla Plantation.

IV. IMPROVEMENTS

1. LAND USE AND BUILDING TYPE. Subject to these restrictions and the zoning ordinances of Brantley County, Georgia, no Farm shall be used except for residential and noncommercial agricultural purposes. Except as provided herein, no building shall be erected, altered, placed, or permitted to remain on any Farm or subdivided Farm other than residential dwelling units, however barns, shelters, sheds, and garages are permitted.

2. DWELLING QUALITY AND SIZE. All dwellings or structures shall have a minimum of 1400 square feet of heated space and must be completed within 1 year of the commencement of construction. Walls will have 16 inch centers using #1 wood or better.

3. EXTERIOR FINISHES. Exterior finish materials for dwelling units shall be of high quality and durable material such as wood, brick, stucco, or hardie board. High grade metal siding is permitted for Barndominium residences. Vinyl siding on the soffits will be permitted. No asphalt, vinyl siding (except for soffits), asbestos, or rolling siding will be permitted on the exterior of any building.

4. BARNDOMINIUMS. Barndominiums type residences will be permitted. If metal siding is used for the Barndominium it must be of a high quality and approved by the Architectural Review Committee. A Barndominium is a residence which has the exterior design and appearance of a barn. It may allow for stable area on the ground floor and residential area on the 1st floor. Barndominiums must have a brick or stone facia extending at least 2 feet above ground level around the outer perimeter wall of the Barndominium. All exterior windows and doors must be trimmed with at least four (4) inch trim board.

5. BUILDING LOCATION. No building shall be located on any Farm nearer to the front line of the Farm or nearer to the side easement or street line than the minimum building set-back lines of the Brantley County Zoning Ordinance as it pertains to Farm. For the purposes of this covenant, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a Farm to encroach upon another Farm.

6. MODULAR OR PREFABRICATED HOUSING. No trailers or mobile homes may be used or maintained on a Farm.

7. EASEMENTS. Easements for installation and maintenance of utilities are reserved as shown on the Plat. Additionally, The Declarant reserves a perpetual easement in, on, over, and under all utility easements shown on said plat and which may exist on the property, and streetlights and under a strip of land ten feet in width (unless otherwise indicated on the plat) along the side and rear property lines of each Farm, with the full right of entry by them or their licensees for the purpose of establishing, constructing, and maintaining any utility , with the right to erect and maintain conduits, and wires for telephones, electric power, street lights, cable television, and to lay, install, and maintain facilities for drainage and other utilities therein . This reservation shall not be construed as an obligation of the Declarant to provide and maintain any such activity or service.

a. No dwelling house, garage, barn, outbuilding or other structure of any kind shall be built , erected, or maintained upon any such easements, and said easement shall , at all times, be open and accessible to public or quasi-public utility corporations, and other persons erecting, constructing or servicing such utilities and Declarant, its successors 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 hereinafter be reserved.

b. All existing ditches and drainages shall remain open. The Declarant reserves for the Farm Owners Association an easement 5 foot on either side of existing ditches to keep them open and flowing.

V. GENERAL LAND USE, ROAD MAINTENANCE AND OTHER RESTRICTIONS

1. MAINTENANCE OF PROPERTY AND NUISANCES. Each Farm owner shall keep his or her respective Farm and all improvements thereon in good appearance and repair, free of debris. No noxious or offensive activities shall be carried on or upon any Farm, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the Farm. No trash or rubbish may be dumped on any Farm.

2. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any Farm, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Farm. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any Farm. However, nothing contained herein shall prevent a Farm owner from digging ponds on a Farm.

3. SUBDIVISION OF FARMS. Farms may be subdivided; however, the minimum Farm size of any Farm shall not be less than 3 acres.

4. LIVESTOCK AND POULTRY. No more than one hog per acre, fifteen chickens, turkeys, or other fowl per acre, two goats per acre, and two horses and one cow per acre may be maintained on a Farm. All other livestock shall be limited to one animal per acre. Farm owners shall keep their animals on their respective Farms. Any housing or enclosure used by such animals shall be well drained, free from the accumulation of animal excrement and objectionable odors and otherwise clean and sanitary to the extent that it will not injure the health, safety, or comfort of other Farm owners.

5. GARBAGE AND REFUGE DISPOSAL. No farm shall be used or maintained as a dumping ground for rubbish, trash, old automobiles, or junk of any kind. Trash, garbage, or other waste shall be kept in sanitary containers with lids. All containers or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Except when required to be placed adjacent to a road or easement for pickup, all trash containers shall be kept from public view and from the view of any road and adjoining Farms.

6. VEHICLES. The immobilization of any vehicle for any reason, including, but not limited to repairing or overhauling, at a Farm site or on any street within is here by strictly prohibited. All vehicles shall be parked on a Farm.

7. BOATS AND BOAT TRAILERS. Boat trailers, or boats, campers and motor homes must be stored as to not be visible from the street.

8. LANDSCAPE. All Farms, upon completion of construction of residence and prior to move in, shall have properly graded yards, sodded front lawns and side lawns, seeded, or sodded rear lawns within a 6,000 square foot area surrounding and inclusive of the residence, and a minimum of 30 plants along the front portion of the residence. All landscape designs shall be of a traditional design, consistent with surrounding properties. Excessive ornamental novelties shall not be permitted. All lawns and planting shall thereafter be mowed and/or maintained. The cutting or trimming of trees or plants in designated natural buffers or landscape areas as shown on plat of record shall be strictly prohibited unless express written consent is obtained by the Association. All Farm owners are required to connect to the water system if available, otherwise, the lot owner may drill and utilize a potable water well on the property at a location approved by the Architectural Review Committee. At the time of connection to said water system, if available, the Farm owner shall apply for service with the Association’s designated utility provide and simultaneously pay the meter installation fee. After meter installation, the property owners will pay subsequent monthly water fees for water usage. All of the stated fees will be paid to the owners of the water system. A property owner may also drill for a non-;potable water purposes for the purpose of irrigation or similar outdoors use within said subdivision, However, drilling of a non-potable water well by a property owner shall not relieve the property owned from their responsibility for paying the minimum base water fee as billed or billed amount based on water usage if more than the base fee.

9. MAINTENANCE OF PROPERTY. Each lot owner shall keep his or her respective lots and all improvements thereon in good appearance and repair, free of debris. All lawns shall be watered and mowed. All trees and shrubbery shall be pruned, except for that portion of the Farm left in its natural wooded state. Lawns shall be kept free of noxious insects, infectious and spreading weeds, all in a manner consistent with good property management. In the event the lot owner fails to comply with this provision, the Association, upon (10) ten days written notice to owner, shall have the right to enter upon said lot for the purpose correcting the deficiency and shall be entitled to levy a special assessment against the Owner of said lot to cover the cost thereof.

10. EXTERIOR OF COLOR SCHEMES. Exterior color schemes shall be of soft natural tones submitted to the Association for approval. This requirement shall include all exterior maintenance painting unless the original color scheme is retained.

11. MISCELLANEOUS. Wood piles, doghouses, kennels, etc. shall be in a screened area, approved by the Architectural Review committee, or hidden from view from any adjacent street and shall be cleaned and properly maintained.

12. USE OF COMMONS AREAS. The Common Areas shall consist of that area identified as “Park” on the Plat of survey recorded in Plat Book 14, Page 195 Brantley Deed Records and the Roads of the Subdivisions identified in Article III, Paragraph 7 of this Declaration. The Common Areas shall be maintained by the Master Association.

13. ROAD MAINTENANCE. The Association shall maintain all of the roads in the subdivision. The Association may be subject to a master association formed for the purpose of maintaining the roads and common areas within the related subdivisions.

VI. TERMS AND COVENANTS

1. TERM. The covenants contained in this instrument are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from and after the date this instrument is recorded, after which time such covenants shall automatically be extended for successive periods of twenty (20) years until the recordation of an instrument of termination within two (2) years of the expiration of the initial twenty (20)-year period or any extension thereof, such instrument having been executed by all of the Farm owners.

2. ENFORCEMENT. Enforcement of the covenants contained in this instrument shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violations or to recover damages, and against the land to enforce any lien created by these covenants. Should Developer or the Farm Owners’ Association employ an attorney at law to enforce these covenants because of a breach of the same all costs incurred in such enforcement, including attorney fees shall be borne by the owner in breach thereof.

3. SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions of this instrument which shall remain in full force and effect.

VII.. RESERVATION TO AMEND

1. CHANGE. An instrument changing or eliminating these covenants, in whole or in part, shall only be accomplished by the owner (s) of seventy-five percent (75%) of the Owners of Farms in _______________________ and such instrument shall be filed for record in the Clerk’s Office within ninety (90) days thereof.

IN WITNESS WHEREOF, the Association has caused this instrument to be executed under seal, as of the day and year first above written.

AS TO LOTS ________________________

Signed, sealed, and delivered on this BRANTLEY COUNTY _____ day of ______________, 2024 in the presence of:

Notary Public

Signed, sealed, and delivered on this OWNER #1 AS TO LOTS ____________________ _____ day of _____________, 2024 in the presence of:

______________________________ ________________________________(SEAL)

Unofficial Witness

Notary Public

Signed, sealed, and delivered on this OWNER #2 AS TO LOTS ____________________ _____ day of _____________, 2024 in the presence of:

______________________________ ________________________________(SEAL)

Unofficial Witness

Notary Public