Building Restrictions
Real Estate

The Legend at Bergamont Subdivision
Building Restrictions for Architectural Control Board (ACB)

Improvements
Included in the price of each lot are access to permanent asphalt streets with concrete curb and gutter, underground electricity, gas, telephone, cable television, municipal sanitary sewer and municipal water.

The building requirements are as follows:

1.  Minimum Building Standards:
Single Story 2,000 Sq. Ft.
Raised ranch (upper level only), Bi-level, and Tri-Level 2,000 Sq. Ft.
Two Story 2,600 Sq. Ft.

2.  Exterior
Estate Lots: The front elevations of all Dwellings shall be brick, stone, or masonry aterial.
Traditional Lots: Developer may require that a significant portion of the front elevations of each Dwelling be brick, stone, or masonry material.
Aluminum and vinyl siding shall be limited.

3. Garages
All homes shall have a minimum of a two-car attached garage and shall have no more than three garage doors.  Side entry garages shall be constructed for all lots that have a width of 110 feet or greater.

4. Roof Type
All homes are required to have roofing of laminated architectural grade textured fiberglass, asphalt shingles, wood shakes, or other acceptable material.  No standard 3 in 1 shingles shall be allowed. 

5. Fireplaces
All chimneys and flues shall be fully enclosed.

6.  Completion
Any Single-Family Residence and attached garage shall be completed within 12 months from the start of construction.  Landscaping and driveways shall be installed within 30 days of occupancy or upon completion of construction, whichever comes first.

7.  Lamppost
Each Owner at their expense shall install a direct wire, photo cell controlled post light or comparable lighting approved by the ACB for the front yard.  The lamppost shall be maintained by the Owner, at the Owner’s expense, in a proper operating manner.

8.  Setbacks
Minimum setbacks from any abutting public or private street right-of-way shall be 35 feet. [NOTE: SR-3 and SR-4 zoning allows 30-ft front setback].  Side yard setbacks shall be 10 feet and rear yard setbacks shall be 40 feet.  [NOTE: SR-3 and SR-4 zoning allows 20-ft rear setback]. 

9.  Vehicle Storage
Outdoor storage of vehicles, boats, or any other personal property is prohibited.

10.  Mailboxes and Exterior Yard Lights
Developer shall provide to each Dwelling a mailbox, newspaper tube, and post to be installed by the builder on the Lot in accordance with the United States Post Office Department regulations and Village Code. Each Owner at his or her expense shall install a post light or comparable lighting approved by the Committee for the front yard. Each light shall use only a direct wire and shall be controlled by a photo cell. Each Owner shall be responsible for the maintenance of the fixture.

11.  Landscaping:
The front and rear yards on each Lot shall be sodded unless an underground automatic irrigation system is installed, in which case the entire yard may be seeded.  The front yard of each Lot shall include at least one six-foot conifer tree and at least one 1 ¾ inch caliper deciduous tree.

12.  Exterior Restrictions
No exterior antennas, windmills, or satellite dishes shall be erected on any structure or Lot without the prior written approval of the ACB. Outbuildings are prohibited.

13.  Plan Approval / Architectural Control Board
An Owner desiring to construct a building or otherwise improve a Lot shall submit to the ACB, for its written approval, two complete sets of construction plans and specifications for all improvements, a plot plan showing the location of all contemplated improvements and the required fee.  The items submitted to the ACB shall include:

• Complete construction details for all buildings, structures, fences, and walls.
• All proposed facades of any building, including the style, color, and location of eaves and windows
• Description of materials to be used
• A detailed site plan showing the building footprint and driveway
• The color scheme of all improvements
• Detailed landscape plans and specifications

NOTE:  The Declarant has the right to make changes to the Declaration of Protective Covenants.


2.07 Minimum Sizes for Single-Family Residences. The following minimum sizes for a Single-Family Residence in the Subdivision shall be based solely on living area within the Single-Family Residence. For the purpose of computing the square footage of living area within a Single-Family Residence, the basement level or garage area of a Single-Family Residence shall not be included in the square footage. Open porches, screened porches, patios, attached garages, and all basements whether finished or not are not to be included as part of the total area. Stair openings shall be included in determining floor area.  The main level is defined as the level that is totally above the finished grade of the Lot. The Committee, in all instances, shall have final discretion in determining the minimum square footage required for a Single-Family Residence to be built upon a Lot.

    All Single-Family Residences on Lots 108-165, 175-190, and 196-203 (“Traditional Lots”) shall have the following minimum living areas:
      (a) Single-story houses shall have not less than one thousand eight hundred (1,800) square feet of finished area.

      (b) Raised ranch (upper level only), bi-level and tri-level houses shall have not less than a combined total of one thousand seven hundred fifty (1,750) square feet of finished area on the main level and upper level.

      (c) Two-story houses shall have not less than a combined total of two thousand (2,000) square feet of finished area on both floors.
      All Single-Family Residences on Lots 166-174, 191-195, and 204-493 (“Estate Lots”) shall have the following minimum living areas:

      (d) Single-story houses shall have not less than two thousand (2,000) square feet of finished area.

      (e) Raised ranch (upper level only), bi-level and tri-level houses shall have not less than a combined total of two thousand (2,000) square feet of finished area on the main level and upper level.

      (f) Two-story houses shall have not less than a combined total of two thousand six hundred (2,600) square feet of finished area on both floors.


    2.08 Front and Side Yard Requirements. All buildings or any parts thereof shall be built and located in conformance with the following standards:
    Lots shall have the following setbacks:
      (a) Minimum Frontage:  60 feet; corner lots shall have an extra width of 10 feet.

      (b) Minimum Front Yard:  35 feet

      (c) Minimum Side Yard: 10 feet each, 20 feet in combination; if a garage entrance is located on the side yard abutting a street, it shall have a minimum side yard of not less than 20 feet

      (d) Maximum Lot Coverage:  Structures shall not exceed 30% of the square footage of the Lot.

      (e) Lots abutting the Golf Course ( Lots 166 thru 174, 249 thru 276, 278 thru 294, and 372 thru 431) shall have a minimum Rear Yard setback of 40 feet.

      (f) Lots not abutting the Golf Course ( Lots 108 thru 165, 175 thru 248, 277, 295 thru 371, and 432 thru 493) shall have a minimum Rear Yard setback of 20 feet.


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