Deed Restrictions for Jordan Cove Project

Deed covenants were included in two documents as part of the subdivision. The first document is termed a “Declaration”. The declaration is needed to create a common planned community. The declaration also created the Glen Brook Green Association to oversee the common areas and administer the by-laws. The following are relevant sections of the declaration:

Sect 8.2 – Use and Occupancy Restriction for Specific Units

(a) Lots 10 through 21 inclusive are subject to an easement for the construction and maintenance of “Rain Gardens” with overflow connection to the grassed swale and/or detention basin as shown on said map.

(b) Lots 10 through 21 inclusive, and lots 22 through 28 inclusive are subject to an easement for the construction and maintenance of a drainage swale as shown on said map.

(g) All lots are part of a study site under Section 319 National Monitoring Program between the declarant, Federal, State and Local entities including but not limited to U.S. Environmental Protection Agency, Connecticut DEP, University of Connecticut and the Town of Waterford Conservation Commission and Planning and Zoning Commission, Grantees of Units 10 through 21 by the acceptance of a deed to said Unit agree to use their best efforts to cooperate with federal, state, and local officials to implement “best management practices” (BMP) and other storm water control techniques.

(h) The following covenants, easements and restrictions shall apply to Lots 10 through 21 for a period of time no later than ten (10) years from the date hereof (March 19, 1998):

(1) No structures, fences, posts, mailboxes or other obstructions to water flow shall be placed in any swale or Rain Gardens located on said Lots 10 through 21.

(2) No filling or alteration to the topography of any swales or Rain Gardens on said Lots 10 through 21 shall be allowed.

(3) Driveways shall be maintained in original surfaces.

(4) No impervious additions shall be permitted to any Unit building, including, patios, extension of driveways, provided however that “accessory buildings” as allowed by the Town of Waterford Zoning Regulations will be permitted upon approval by the Town of Waterford.

(5) Units 10 through 21 are subject to the following BMP’s: grass biotentention swale, bioretention gardens, area entitled “Conservation Zone”, unit owners shall accept said units subject to the rules, regulations and restrictions as may be issued under the Section 319 National Monitoring Program for said areas.

(i) Plants located in any area of a Unit designated as “low mow area” and plants located in any Rain Garden shall not be disturbed, but in the event of replacement thereof only plants from the approved list attached to the landscaping plan of the subdivision map shall be allowed.

The Bylaws of Glen Brook Green Association, Inc. reaffirm the program in Section 3.11 below:

Section 3.11 – National Monitoring Program.

All Unit owners acknowledge and recognize that for a period of ten (10) years from the date of the subdivision approval all lots are part of a study site under Section 319 National Monitoring Program between the Declarant, Federal, State, and Local entities including but not limited to U.S. Environmental Protection Agency, Connecticut DEP, University of Connecticut and the Town of Waterford Conservation Commission and Planning and Zoning Commission. All unit members agree to use their best efforts to cooperate with Federal, State and Local officials in their studies of the subdivision. Unit members will not take any action that will interfere with the restrictions and obligations of Units 10 through 21 to use their best efforts to cooperate with federal, state, and local officials to implement “best management practices” (BMP) and other storm water control techniques. Unit owners acknowledge that Association has the power to levy reasonable fines for any violation of this section (See Section 2.2 [k]). Unit owners agree not to amend these by-laws in any way that might affect the Section 319 National Monitoring Program unless the Town of Waterford consents in writing.

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