The Meadows of Perth
The Meadows of Perth Covenants and Restrictions
With the intention that the burden of these Covenants shall run with and bind the land
described in the attached Schedule “A”, the Developer and the builder/Owner do hereby agree to the following stipulations, restrictions and provisions and bind their respective heirs, executors, administrators, successors and assigns to observe and comply with same.
1. The purposes of these Covenants and Restrictions are to maintain quality and
functional dwellings that suit the neighborhood plan.
a. “Building Lot” shall mean any and all building lots located within the
b. “Garage” shall include any structure used or to be used for housing or
protection of motor vehicles, all terrain vehicles, boats and garden equipment.
c. “Builder” means the person or persons, corporation or corporations, to whom
the land referred to in the Deed of Conveyance to which these Covenants and
Restrictions are attached or are conveyed, and “builder” shall include all
persons or corporations who act as agents of the builder, including all
contractors, subcontractors or others employed by the Builder to perform
works or services in relation to the land described in the Deed of
d. “Developer” means the Vendor, its successors, and assigns.
2. The Builder hereby acknowledges that the Developer is in no way responsible for
any damages that may result to the builder by reason of the builder’s failure to
comply with these Covenants and Restrictions and hereby indemnifies and saves
harmless the Developer from all actions or causes of action which arise there from.
3. The Building Lots 1 – 19 shall not be used for any purpose other than for private
single family occupied residential purposes and no attached or semi-detached house
or duplex shall be erected on theses Building Lots and not more than one detached
dwelling house may be erected on the Building Lot. These lots cannot be subdivided.
Building Lot Blocks 20, 21 and 22 are intended for multi-unit housing of four unit
townhouse design. The minimum square footage of the individual town homes will
be 1,100 sq. feet.
4. House designs shall be selected to aesthetically blend with The Meadows. All
buildings shall be constructed with high-quality materials and workmanship. All
dwellings including their garage will be constructed primarily of brick, brick veneer,
stone, masonry veneer and/or other approved texture coated materials. Predominantly
vinyl dwellings will not be considered acceptable. All properties will have a single or
double garage construction of similar materials to the house. Where possible we will
limit large front facing jutting garages.
5. The Builder shall provide Green Eco friendly building options including energy
efficient construction techniques and materials, energy efficient heating systems and
water conservation systems such as low flush toilets and greywater recycling systems.
6.One detached dwelling house, not higher than two stories above ground level,
including usable attics space,(preference is for single story bungalow designs) may be
constructed upon each Building Lot and shall not have a floor area of less than:
i. 1,300 square feet in the case of a one storey dwelling;
ii. 1,000 square feet in the case of a two-store dwelling.
Split-level dwellings shall be considered to have the number of stories of
their highest structure.
The area shall be calculated as the area of the ground floor only, measured
to the outside of the main walls and excluding any garage, porch or
veranda or fully glazed attached conservatory or sunroom.
7. Prior to the commencement of any construction on lots adjacent to the cemetery,
including excavation, the Builder shall erect a silt fence on the boundary of the
cemetery to stop construction material from flowing or blowing into the adjacent
8. All Builders needs to be mindful to the cemetery when a funeral is planned. If the
Elmwood Cemetery has provided proper written notice to the builder then the builder
will stop construction or limit construction to noise appropriate work during the time
of the funeral ceremony.
9. No building, wall, fence (including hedges), gate, post or other structure shall be commenced , constructed or maintained on the Building Lot or any other addition or alteration be made until the architectural and/or engineering plans, specifications and site plan showing the nature, location, materials, colour and height of same be submitted to and approved in writing by the Developer who may in its discretion refuse to approve any such plans if they are deemed to be unsuitable or undesirable.In approving such plans, the Developer may take into consideration the materials of all exterior walls, woodwork, windows, fencing, paving, building materials and landscape details proposed and the harmony thereof with the surroundings and the effect of the structures as planned on the outlook from adjacent or neighbouring properties.The suitability of the dwelling plan for the topography of its site, and the appropriateness in relation to the view and access to the road will be major factors taken into consideration.No fences shall be permitted forward of the dwelling house centerline unless approved in writing by the Developer .No external alterations or changes to the structure of the dwelling or garage or any other structure erected by the builder shall be permitted except with the written approval of the Developer.
10. The Builder shall start construction within two years of purchase or availability of the building permit (if later than the purchase date) after which time the Developer can return any purchase funds or deposit and offer the lot to other builders. Once the construction begins, the building can not go more than one month without substantial constructions.
11. The Builder/Owner of the Building Lot may erect a swimming pool provided that they are first approved by the Developer and maintained by the Owner in accordance with the requirements of any statute, regulation or by-law promulgated by any governmental authority having jurisdiction in that regard and the Owner shall hold the Developer harmless from any action or causes of action which may arise by reason of any swimming pools being located on the Building Lot.
12. No exterior television or radio aerials, with the exception of a professionally installed satellite dish meeting normal standards for residential use, may be erected or maintained on any part of the Building Lot without the prior written consent of the Developer.
13. No billboards, notices or other advertising matter of any kind, except those offering
the Building Lot or buildings for sale or rent shall be placed on any part of the
Building Lot or building or fence, tree or other structure on the Building Lot without
the prior written consent of the Developer.
14. No business, trade , profession or commercial activity or calling of any kind shall be conducted in any building or on any lot or lots, provided that this restriction shall not be construed so as to interfere with the right of members of recognized professions to receive the usual and ordinary calls.
15. No repairs to any motor vehicle shall take place on a Building Lot except in an enclosed garage.
16. No unregistered vehicles, commercial vehicles, trucks, trailers, large boats or other
objects which could in the opinion of the Developer cause nuisance or an annoyance
or detract from the amenity of the area are to be readily visible from the roadway.
17. No fill, building waste or other material of any kind shall be left, dumped or stored on the Building Lot, except clean earth for the purpose of leveling in connection with the
erection of a building or the immediate improvements of the grounds.
18. No horses, cattle, hogs, sheep, poultry, or other stock or animals, other than
domesticated household pets normally permitted in private homes in urban residential
areas, shall be permitted on the Building Lot. No breeding of pets for sale shall be
carried on or upon the Building Lot.
19. There shall be no hunting or injuring and no attempt to hurt or injure wildlife on or
from the Building Lot.
20. No incinerator or other refuse burning device shall be erected or maintained upon the Building Lot.
21. No temporary buildings, shelters or garages shall be erected.
22. The Builder will repair any damage to any other lands abutting or adjacent to the
Building Lot caused by any construction activities and will complete such repairs at
the direction and to the satisfaction of the Developer and where necessary to the
satisfaction of the Engineer of the Town of Perth or where applicable the Department
of Transportation or any other municipal or provincial authority, Bell
Communications, Ontario Hydro and Rogers within fifteen (15) days from receipt of
written notice of the Developer.
23. The Developer shall provide an easement or right-of-way for the installation of
electrical, telephone and cable services to such public or private utilities as may
require the easement or right-of-way along the rear of the Builder’s boundary and the
Builder shall be responsible for the provision of an electrical, telephone and cable
connection to the Owner’s house.
24. The Builder will not damage or remove any survey stake or pin planted and if any
such stake or pin is damaged or removed by the Builder or their agent and in the
opinion of the Developer replacement of such stake or pin is necessary, the Builder
will pay the cost of such replacement by a surveyor.
25. All construction by the Builder shall meet all requirements of all authorities having
26. The Building Lot shall not be subdivided nor have its boundaries changed.
27. Driveways shall extend from the curb to the garage and be finished with asphalt,
concrete or paving stones and maintained in a good and attractive condition within
one (1) year of possession of the property.
28. Sites shall be landscaped from the front boundary to a minimum of 12 meters (40
feet) behind a rear wall of a dwelling house. The Owner is responsible for all
landscaping and is encouraged to use native plants. All landscaping is to be
completed prior to occupation.
29. Landscaping shall be generally a grass sod with shrubs, trees and hard surfaces of
natural materials approved by the Developer. The builer shall ensure that the
Building Lot is landscaped so that the view of surrounding property owners is not
impeded. 30. Rock shall only be drilled or blasted with the approval in writing of the Developer.
30. Rock shall only be drilled or blasted with the approval in writing of the Developer.
31. The Builder agrees to obtain from any subsequent purchaser or transferee, an
agreement to observe the covenants and restrictions of “The Meadows of Perth”.
32. The Developer shall have the right to convey to the Municipality or other public
authority and any designated part of the said lands (other than the land already
conveyed) for a park, recreational use or other similar purposes.
33. The Developer shall have the power by instruments in writing to waive or alter the
above Covenants and Restriction in their application to any lot comprising part of the
said land without notice to the owner of any other lot on the said land.
34. These Covenants and Restrictions shall be applicable during the development of “The Meadows of Perth” and once the property has been transferred to the Builder and the Owner is in compliance with the Covenants and Restrictions of “The Meadows of
Perth”, the Developer has no further responsibility in respect of such Covenants and
Dated in Perth, in the Province of Ontario, this __________day of __________, 20__.
Developer / Exclusive Builder Owner