COVENANTS

1. PURPOSE
The purpose of these covenants is to ensure the use of property for attractive residential purposes only,
to prevent nuisance and the impairment of the attractiveness of the property, to seek the use of quality
materials and workmanship, to maintain the desired atmosphere and appearance of the community and,
thereby, to secure to each site owner the full benefit and enjoyment of their home, with no greater
restriction on the free and undisturbed use thereof, than is necessary, to ensure the same advantages to
the other site owners.


2. MINIMUM FLOOR AREA & DESIGN
All structures to be erected in the Subdivision shall be of a pleasing and harmonious external design and
shall conform to all established setback lines; and any dwelling that fails to conform to the specified
minimum areas shall not be permitted on any lot, except with prior written approval of Developer. The
square footage of the main structure, exclusive of open porches, breezeways and garages, shall not be
less than the following:


Dwelling – Single Family
Lots 1 - 28 Minimum Size
Ranch 2000 Sq. Ft. above grade
1-1/2 Story 2200 Sq. Ft. above grade
Two Story 2400 Sq. Ft. above grade


3. LAND USE & BUILDING TYPE
No lot, whether alone or in combination with one or more other lots in this Subdivision, shall be used
except for single-family residential purposes and restricted as follows:
a. All dwellings shall have not less than a two-car garage attached thereto, of no less than 480
square feet, nor more than four-car exceeding 1,800 square feet


b. All dwellings shall have a roof pitch of not less than 7/12.


c. No used, modular, manufactured, geodesic dome or earth homes, sheds or garages will be
allowed on any lot.


d. Developer requires that any and all builders obtain the written approval of Developer before
commencing construction of any dwelling in the Subdivision.


e. All homes, including attached garages, shall be completed within twelve (12) months after
commencement of building construction and shall not be occupied prior to completion, except that
the interior of the below grade level of split level and raised ranch homes need not be completed.
Outbuilding construction may only start concurrent with or after construction of a home.

   1.  Although there is no required time frame to start construction, those purchasing lots prior to 11/1/2022 and not connecting to WE Energies Utilities prior to 11/1/2023, shall reimburse the Developer $4,000 per lot for utility installation.  Developer shall notify lot owners in writing prior to 1/30/2024 of fees due.  In the event of litigation to enforce these conditions, a lien my be placed on property with unpaid utility installation fees after 2/28/24 and lot owner shall reimburse the Developer for all out-of-pocket expenses (including actual attorneys' fees and court costs).  This provision survives conveyance of a lot to subsequent parties following the sale from the Developer.


f. All landscaping must be completed within one (1) year after occupancy, except that the
Developer may approve a variance. Rocks, painted earth or sand in place of grass, to give a
desert look, shall not be permitted. All lawns shall be a minimum of 80% mowed grass, except
that the Developer may approve a variance. No un-mowed meadow growth (Prairie grass) shall
be allowed. No berms exceeding 3’, changing of the surrounding natural topography of the lot or
modifications to natural or engineered drainage plans is allowed.


g. All driveways to the sidewalk line are to be hard-surfaced with concrete or brick pavers
within one year of occupancy, except driveways exceeding 100’
1. Driveways exceeding 100’ must have concrete or pavers within 40’ of the home.
From 40’ of the home to the sidewalk, asphalt may be used only with Developers
prior written approval.


h. The driveway from the sidewalk to the street to be of concrete or brick pavers and
completed at the time of the concrete street or within one year thereafter.


i. Developer reserves the right to complete construction or landscaping that has
commenced, but has not been completed within the above time-frame, and owner is not
proceeding with due diligence to complete construction or landscaping. Any costs so incurred by
Developer (including, but not limited to, attorney's fees and court costs) shall become a lien
on the lot.


j. No trailer, tent, shack, basement, garage, barn or other outbuilding shall be used temporarily or
permanently as a residence.


k. No dwelling shall exceed two (2) stories in height above finished grade level.


l. All residential homes constructed. within the Subdivision shall be required, at a minimum, to
have brick or stone on 30% of the front of the home facing the street, except that a variance
may be approved by the Developer for certain styles of homes, such as "Salt Box", etc.


m. All outbuildings shall not exceed 1200 square foot in size, must match the exterior of the
home, and have prior written approval by the developer or its delegates.


n. During construction, no access to the building site shall be allowed through a ditch or over
adjacent lots. If any damage is done to adjacent lots or ditches, the owner of the home
under construction shall restore or pay the Developer or lot owner for the restoration of said
property to its pre-damaged condition.


o. No building materials shall be placed on any lot more than thirty (30) days prior to the time
construction is to begin. No building materials shall remain on any lot more than thirty (30) days
after construction is completed.


p. All residences shall have basements or footings extending at least four (4) feet below
grade.


q. All trash and waste shall be kept in sanitary containers inside garage. Each lot owner is
required to perform all necessary maintenance and upkeep of their lot. No trash, waste,
brush, weeds or long grass is permitted. It is the lot owner's responsibility to keep the grass
and weeds mowed prior to the start of construction of their residence.


r. No external antenna, unless approved by the Developer, and no satellite dishes more than
twenty-four (24) inches in diameter shall be allowed. No satellite dish shall be visible from the
street passing by the front of the home.


s. No above ground swimming pool shall be allowed in the Plat.


t. The lot owner is required to perform all necessary maintenance and upkeep of the lot prior
to construction, including keeping the lot free of trash, waste, brush, weeds, and long grass.
At all times during construction, the site shall be maintained to Developer’s reasonable
satisfaction in a neat and orderly manner. Construction debris shall be contained at all times
in some manner as will prevent such material from blowing unto neighboring properties
and/or streets.


u. No windmills are allowed on the property. Installation of solar panels may only be affixed
to the roof of a structure, and flush mounted at the same pitch as the roof. No freestanding
solar panels are allowed.


v. Outdoor wood burning stoves and/or boilers that create excessive smoke are not
permitted. All outdoor wood burning stoves and/or boilers to be approved by the Developer.


4. ARCHITECTURAL REVIEW
No dwelling or other house or structure shall be erected on any lot of this subdivision until the plans
and specifications have been submitted to and approved by the Developer or Developer's assigns.
The Developer or Developer's assigns shall approve or disapprove such plans and specifications
within sixty (60) days after the same have been submitted. Plans and specifications shall be
deemed approved only if a written approval signed by Developer or Developer’s assigns is
received. All decisions of the Developer or Developer's assigns shall be enforceable against any
lot owner if made in a good faith exercise of the judgment or discretion so long as such decision is not
clearly in conflict with the express provisions of this declaration. Any person seeking to challenge any
such decision of the Developer or Developer's assigns shall have the burden of proof to establish
that such standards were not met at the time of the decision was made.
Submit plans and specifications to:

5. SET BACK
All set back lines shall conform to local zoning regulations except Declarant may, in promoting overall
harmony; establish other requirements in addition to such municipal regulations.


6. IMPROVEMENTS
All lot sales will include paved streets, sewer and water lines stubbed to the lot line, and access to
natural gas, telephone lines, cable television and underground electric.


7. GRADES
No building or structure shall be erected or landscaping done until grades have been established
by a licensed land surveyor or engineer showing conformity with the approved drainage plan for the
Subdivision. The cost of establishing grades shall be borne by the property owner. All lot owners
shall be required to sign an affidavit acknowledging receipt of drainage requirements for each lot. All
lots must maintain the site drainage plan and home elevation specified for each lot, as approved by
the City of Appleton. No berms exceeding 3’, ponds or changes to the natural topography of the lot
are allowed without written approval of the Developer AND/OR City of Appleton/Outagamie Country
or the DNR.


8. PETS
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot; with the exception
of dogs, cats or other household pets, which may be kept, provided they are not kept, bred or
maintained for any commercial purpose. No doghouses, dog kennels, cages, sleeping quarters or
any kind of outside housing for animals shall be allowed, except that a dog or pet run no larger than
100 sq. ft. in size may be constructed provided that it is not visible from the street passing by the
front of the residence. In addition, any dog or pet run must be visually hidden from the view of any
adjacent lot owner. A dog or pet run may be visually hidden from view by shrubbery or plantings of
sufficient size and placement to impede the view of the dog or pet run to adjacent owners.


9. VEHICLES
No vehicles or equipment to be parked in a driveway overnight more than one week. No unlicensed
vehicles will be permitted on any lot, unless stored within a garage. No boats, recreational vehicles,
campers, trailers, tractors, motorcycles, ATV's or lawn maintenance equipment will be permitted to
be stored on any lot, unless stored within a garage. No bus, large truck, semi tractor and/or trailer
shall be parked anywhere within the exterior boundaries of all phases or additions to Broadway Hills
Estates, unless they are there less than 48 hours to facilitate a lot owners moving in or out.


10. COLORS
No bright or vivid green, blue, red or yellow siding shall be allowed on any residence or garage. The
Architectural Review Committee shall have final approval of all colors.


11. SIGNS
No sign of any kind shall be displayed to the public view on any lot, except one professional sign of
not more than one (1) square foot and/or one sign of not more than five (5) square feet advertising the
property for sale or rent, or signs used by a builder to advertise the property during the construction and
sales period.


12. FENCING
Fences may not exceed 42” in height, except for fences required by code (e.g. around pools or equipment),
and must be of wrought iron or other natural looking style and color. All fences to be reviewed prior to
installation and approved by the Developer. No solid PVC fences will be considered.


13. FILL
All fill and/or topsoil from plat must remain in the subdivision. Any fill or topsoil stockpiled within the
subdivision is the property of the subdivision developer and is not part of the sale of the lot on which
it is stockpiled. As long as the Developer owns any lot, in Broadway Hills Estates, the Developer
reserves the right to direct the disposition of any dirt that is to be removed from any lot. However,
such disposition, as directed by the Owner/Developer, shall be within a one-mile radius of the lot. It is the
responsibility of the owner of the lot to contact the Developer prior to hauling out any fill. No fill or topsoil
may be hauled out of this subdivision without permission of the developer.


14. EASEMENTS
Easements for the installation and maintenance of utilities and drainage facilities are reserved, as shown
on the recorded plat. Within these easements, no structure, planting or other materials shall be placed or
permitted to remain that may damage or interfere with the installation or maintenance of utilities, or that
may change the direction of flow of drainage channels in the easements, or that may obstruct or retard
the flow of water through drainage channels in the easements. The easement area of each lot, and all
improvements in it, shall be maintained continuously by the owner of the lot, except for those
improvements for which a public authority or utility is responsible.


15. NUISANCES
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which
may be or become an annoyance or nuisance to the neighborhood, which includes frequent loud music,
excessive lighting or frequent or excessive burning.


16. COVENANTS
a. These covenants shall run with the land, and all future conveyances of any lots of the
Subdivision shall be subject to the conditions, covenants, obligations and restrictions set forth
herein. Acceptance of a deed by any purchaser is considered an agreement to observe and
abide by such covenants, conditions and restrictions for the protection of all owners within the
subdivision.


b. Invalidation of any one of these covenants by judgment or court order shall in no way effect the
remaining provisions, which shall remain in full force and effect.


c. These covenants and restrictions may be removed, modified, annulled, waived, changed
and/or amended at any time and in any manner by a written Declaration setting forth such
amendment, (a) by the Developer as long as the Developer owns any lot in the subdivision; (b)
after the Developer has sold all lots and doesn’t reside on one, then by the owners of at least
75% of the lots. The written Declaration shall be recorded in the office of the Register of Deeds
for Outagamie County, Wisconsin.


d. The Developer and/or individual lot owners benefited by the Declaration may enforce these
conditions, covenants and restrictions using any available legal or equitable remedies, including,
by way of example only, affirmative or restrictive injunction. In the event of litigation to enforce
these conditions, covenants and restrictions, the non-performing party or the party violating any of
the conditions, covenants and restrictions shall reimburse the Developer and/or individual Owners
for all out-of-pocket expenses (including actual attorneys' fees and court costs) incurred in
successfully enforcing these conditions, covenants, and restrictions.


e. Variations in any of these covenants may be permitted by the Developer where he is
reasonably satisfied that such variations will be pleasing and generally in keeping with the
character of surrounding properties and will not be a detriment to the subdivision as a whole.
After the Developer no longer owns any lot in the subdivision, requests for variations may be
submitted to such review committee(s) as may be convened from among the property owners
within the subdivision for consideration and approval or rejection.

Future Assessments:

Sanitary Sewer    Seller

Water Supply       Seller

Storm Sewer        Seller

Concrete Street   Buyer 

Sidewalks             Buyer

Curb & Gutter      Buyer

Offers:

All Offers to Purchase for this property are to be written by Vision Realty & Development and closed thru First American Title Company (Previously Evans Title Company), in Appleton, WI.  3rd Party realtor offers are not allowed and any fees or commission from a 3rd party realtor is the responsibility of the buyer.

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