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HomeMy WebLinkAbout98-14RESOLUTION 98-14 TOWN OF PULASKI, VIRGINIA INDUSTRIAL PARK COVENANTS AND REGULATIONS WHEREAS, the Town of Pulaski, Virginia is the owner in fee simple of several tracts of undeveloped land in the Wurno Area, Town of Pulaski, Pulaski County, Virginia; and WHEREAS, the Town intends to develop these tracts as an industrial park and desires the park to develop in an attractive and orderly manner; NOW, THEREFORE, The Town does hereby impose the following covenants and restrictions upon all lots in said industrial park L GENERAL PROVISIONS. A PARTIES BOUND. These provisions are binding upon any and all parties acquiring any interest in the industrial park real estate, jointly and severally as to each parcel, including but not limited to purchasers, tenants, and lien holders in possession. All such parties are herein referred to as Lotowners. I'~ Upon recordation of these covenants in the Office of the Clerk of the Circuit Court of Pulaski County, Virginia, all transferees of any interest in the industrial park real estate shall be deemed to have notice of these covenants and regulations, whether or not expressly referred to in any deed, lease, or other ': instrument. These covenants, conditions and restrictions shall constitute covenants to run with the land, and shall be binding on the initial transferee and all persons or entities claiming under said transferee. B. RELATIONSHIP TO LAWS AND REGULATIONS. All Lotowners shall comply with all zoning, subdivision, land use, building codes, safety codes, or other laws or regulations governing the use of the subject property. In the event of a conflict, the more restrictive will apply. Nothing contained herein shall be deemed to restrict the right of the Town to amend or rescind existing laws or to adopt new general laws that akso may be applicable to the property. C. RESERVATION OF RIGHTS BY TOWN. 1. Option to Repurchase. To encourage rapid development of the park and to discourage speculation, the Town retains the option to repurchase, at the original selling price less all costs and fees incurred by the Town, any lot upon which there has not been an occupancy permit issued within one (1) year from the date of execution of a deed from the Town, or a mutually agreed date. Failure of the Town to promptly exercise the option will not be deemed a waiver. The option will end upon issuance of the initial ~•~ occupancy permit. The Town Manager and Town Engineer each also is authorized to subordinate this option to the lien of a bona fide lender. The Town Manager and Town Engineer each also is authorized to designate an original date and to execute extensions, not to exceed six (6) months, where there is construction in progress. The time limits set forth herein shall not apply where a Lotowner purchases an • adjoining lot for future expansion; but the Town must waive its option prior to a subsequent transfer to any third party. 2. Other modification, waiver and releases. The Town reserves the right to modify, waive and/or • release all or any one or more of these covenants, conditions or restrictions. The Town reserves the right to modify, waive and/or release all or any one or more of these covenants, conditions or restrictions by majority vote of the Town Council, so long as any modification, waiver or release is consistent with the overall scheme and plan established by these covenants, conditions and restrictions, and no such modification, waiver or release shall be valid except upon approval by a majority vote of the Town Council, so long as any modification, waiver or release is consistent with the overall scheme and plan established by these covenants, conditions and restrictions, and no such modification, waiver or release shall be valid except upon approval by a majority vote of the Town Council. 3. Assignment. The town reserves the right to assign any or all rights it may have herein, on an exclusive or nonexclusive basis, temporarily or permanently, by majority vote of the Town Council in open session. 4. Enforcement and Remedies. These covenants, conditions, and restrictions are reserved by and for the benefit of the Town, enforceable only by the Town unless the Town assigns its right of enforcement or right to a remedy in the future. The Town reserves the right to seek any and all remedies for a violation of these covenants, including but not limited to injunctive relief (without bond), damages, issuance of stop work orders, revocation of occupancy permits, and entering onto the premises and taking corrective action with or without court order and charging the expense thereof to the responsible party or parties. All remedies of the Town are cumulative and may be exercised in any order, at the Town's sole discretion. Any forbearance of a breach of these covenants shall not be deemed a waiver thereof. The Town Manager and Town Engineer are authorized to take all reasonably necessary actions to enforce these covenants. 5. Severability. Invalidation of any one or more of the covenants by judgment or wort order shall not in any way affect any of the other covenants or provisions herein wntained, which shall remain in full force and effect unless otherwise modified as allowed herein. B. PLAT RECORDATION 1. Lot Boundaries. The Town has rewrded or will record a plat subdividing the industrial park tracts, which plat is deemed inwrporated by reference. The Town Engineer is authorized to make any lot boundary adjustments between two (2) adjoining lots, so long as the resulting lot azeas aze not changed by more than ten per cent (10%). Any other lot changes must be made in accordance with the Town Subdivision Ordinance in effect at the time the change is requested. 2. Easements. There is specifically EXCEPTED AND RESERVED to the Town of Pulaski the drainage and utility easements shown on the inwrporated plat. All utility and drainage easements shall be twenty (20) feet in width and located wholly within the wnfines of said real estate, and shall be located as shown on the plat. Reference is hereby made to said plat for a more wmplete description of the easements reserved. The Town shall have the right to install, maintain and replace utilities of any nature, including cable television lines for any person, firm, corporation or partnership under, over or within the wnfines of said utility easements together with the right of ingress and egress to and from said easements and shall have the right to grant to others the right to install, repair and replace utilities including cable television lines under, over and within the confines of said utility easements for utility services to and from the properties of other firms, persons, wrporadons and partnerships together with the right of ingress and egress to and from said easements. 3. Rights of Wav. All roads and wallcways shown on said plat shall be deemed public rights of way. The maintenance of any unimproved portions of the rights of way shall be the responsibility of the adjoining Lotowner. • D. SHARED COSTS 1. Entrance Sign. The initial cost of the entrance sign now installed or to be installed in the Industrial Park shall be home by the Town. New industries will have their names added to the sign at the expense of the Town. The design of such sign shall be under the sole control of the Town. The Lotowners shall participate in the monthly cost of maintaining the entrance sign and in any modifications or replacements. A Lotowner's portion of such cost shall be detemuned based on the following formula: one-half (1/2) of such costs shall be allocated and divided equally among the property owners in the Industrial Pazk based on the number of lots: and the remaining one-half (1/2) of such cost shall bepro-rated among the Lotowners proportionately based on the acreage held by each in the Industrial Pazk If any lots remain unsold, the Town will be deemed a Lotowner solely for the purpose of allocating costs under this paragraph. All such costs shall be billed monthly to the Lotowner and shall take priority over payment for other services provided by the Town of Pulaski. Payment for the maintenance costs for the maintenance of the entrance sign shall be joint and several by owners and tenants. The Town shall have a lien on the property for arty unpaid costs. 2. Common Area(s) Lotowners shall share the cost of maintaining, upgrading, or replacing the common azeas shown on the plat by the same formula as is set forth above for the entrance sign. The Town administration may promulgate reasonable rules regarding the use of common areas. 3. Notice. Lotowners will be given reasonable notice of any proposed changes to the Entrance Sign and common areas, and given an opportunity to comment thereon before they go into effect. II, APPEARANCE STANDARDS A YARDS 1. Where the industrial zone fronts, sides, or rears on arty arterial street, or a local street which is boundary with a residential zone, there shall be a yazd abutting said arterial street or local street of not less than fifty (50) feet. The twenty (20) feet nearest the street shall be landscaped and maintained The remainder may be used for parking. 2. Where the industrial zone fronts, sides or rears on a local street which is not a boundary with a residential zone, there shall be a Yazd of not less than fifty (50) feet abutting said street. 3. No side or rear yazds are required except that where adjoining a residential zone, the side and reaz yard(s) shall be a minimum of one hundred (100) feet. Said yazds may be used for parking, loading and access ways. 4. In all front yazds the equivalent of one (1) tree per fifty (50) lineal feet of interior property line shall be provided; in all reaz and side yards, visible from adjacent streets or residential neighborhoods, one (1) tree for each fifty (50) lineal feet of combined reaz and side interior property lines shall be planted in either a lineal or grouped manner. In addition, a five (5) foot, net (clear of curb), interior property line landscaped strip shall be provided This landscaping shall be continuous along all interior property lines. Landscaping shall be held back from the property line or intersection with driveways or streets so as not to hinder traffic visibility. All yards between the public street curbing and the property line are to be landscaped and maintained by the property owner. _ • 6. All unpaved or undeveloped areas of a site for which a development application has • not been submitted, shall be planted with a ground cover and/or shrub material as a condition of project approval. Undeveloped azeas which are proposed for future expansion shall be kept in a weed free condition and maintained in a similaz condition as the developed azea. B. FENCES AND LANDSCAPING 1. Permitted Fences and Walls Fences and walls not to exceed seven ('n feet in height shall be permitted within any front, side or rear yard azea or along any common property line provided chain link fencing or similaz fencing shall be screened from view of the public right of way. Chain link fencing with slats will be permitted. Fences must be maintained in good repair. 2. The height of walls and fences shall be measured from highest ground level immediately adjacent to the base of the wall. 3. The provisions of this section shall not apply to a fence or wall height as required by any law or regulation of the State of Virginia or agency thereof. 4. Landscaping Required a. Areas utilized as loading areas will be screened, modulated, or interrupted from the view of access on adjacent streets and adjacent residential property. This can be accomplished by one of three techniques: (1) lineal masses of shrubs, (2) lineal or group masses of major scale trees or (3) lineal or grouped masses of small scale trees. b. Dual texturing of building facades or a five foot strip of building perimeter landscaping shall be required, with the exception of reaz or side walls abutting other existing buildings. c. Pazking~Lot Trees Trees equal in number to one (1) per each ten (10) parking stalls either grouped or clustered shall be installed in all parking azeas. Said trees shall be placed on the lot so as not to interfere with interior industrial parking lot circulation. Trees shall be placed so as to give relief to the monotony of rows of pazked vehicles. d. A detailed landscape plan (including irrigation, plant and material specifications) shall be submitted with the street plan for its approval prior to the issuance of building permits. 5. Utilities, Satellite Dishes, Antennae All utilities should be underground except high voltage electric lines. No utilities shall be installed except with the approval of the Town Engineer. Satellite dishes and telecommunication antennae and equipment are not permitted to be installed in yazds but may be installed on rooftops. The shielding required of other rooftop equipment may be waived by the Town Engineer where the shielding would interfere with reception or transmission. • 6. Landscaping Maintenance a. Prior to the installation of the landscaping in public right-of--way the developer shall provide for continued maintenance by and agreement with the Town of Pulaski. b. Lawn and ground cover shall be trimmed or moved regularly. All planting areas shall be kept free of weeds and debris. c. All plantings shall be kept in a healthy and growing condition. Fertilization, cultivation, and tree pruning shall be a part of regulaz maintenance. Good horticulture practices shall be followed in all instances. d Irrigation systems shall be kept in working condition. Adjustments, replacements, repairs and cleaning shall be a part of regulaz maintenance. e. Trees shall be staked and tied with lodge poles. f. Stakes and ties on trees shall be checked regularly for correct functions. Ties shall be adjusted to avoid creating abrasions or girdling on trunks or branches. C. DISTANCE BETWEEN BUILDINGS No requirements. D. COVERAGE BY STRUCTURES Lot area coverage by buildings or structures shall not exceed fifty (50) percent of the total lot azea. E. ACCESS/PARKING All lots shall have a minimum of thirty (30) feet of paved access on a dedicated and improved street extending from the paved portion of the public right of way to the building setback line. Required off street parking shall be provided for any use of the property hereby conveyed so as to meet the present and future parlang needs of the Company or any subsequent owner. All driveways and parking areas shall be paved, with curb and gutter. F. SIGNS 1. Temporary signs as allowed by Town of Pulaski Zoning Ordinance. 2. Detached signs shall be limited to 64 sq. ft., one for each business or industry and it shall be less than 10 ft. in height. 3. Directional signs of any type shall be limited to 10 sq. ft. and in such a number and location as required for proper management of the premises. 4. Flat signs on building facades shall be limited to 10% of the facade area. 5. Signs may be back lit or indirectly lit. 6. Color, material, and finish of sign shall be compatible with those of the building. • 7. Proposed signage is to be submitted with the site plan for review and approval by the Town. G. OUTDOOR STORAGE, USES AND WASTE DISPOSAL 1. Outdoor storage and activities associated with permitted uses shall be entirely enclosed by building walls or screening seven (~ feet in height located on the front setback line. On all other property lines said uses shall be enclosed by buildings, chain-link fences, or uniformly compact evergreen hedges, continuously maintained and not less than seven ('n feet in height. Items stored within one hundred (100) feet of a dedicated street or residential zone shall not be stacked higher than six (6) feet. Screen landscaping, fences and walls to enclose storage areas between adjoining industrial side and/or rear property lines may be deleted by mutual agreement of the property owners involved 2. The storage of combustible materials shall not be less than twenty (20) feet from any interior lot line, and a roadway shall be provided, graded, surfaced and maintained from the street to the rear of the property to permit free access of fire trucks at any time. 3. No materials or wastes shall be deposited upon a subject lot in such form or manner that they may be transferred off the lot by natural causes or forces. All waste materials shall be stored in an enclosed area and shall be accessible to service vehicles. 4. All exterior electrical cage enclosures and storage tanks are to be screened from view from ' access or adjacent streets and residential neighborhoods, by a fence, wall or mature landscape ,A materials. 5. Trash Storage Method and Location a. Trash enclosure location shall be subject to the approval of the Town of Pulaski and submitted on the site plan. b. Trash enclosure shall be as per the Zoning Ordinance and other laws of general application. 6. The Town Manager's office shall be notified of all hazardous materials manufactured, or stored, or disposal activities scheduled to occur within the industrial park H. ON STTE STORM WATER 1. Storm runoff from roof drains, parking lots or other areas shall be conveyed in proper manner to an adequate receiving channel or facility in accordance with the regional storm water management design. 2. On site storm water conveyance systems and facilities are to conform to the Virginia Erosion and Sediment Control Handbook. I. BUII..DINGS Principal structures on the real estate hereby conveyed shall be placed so the front of such structure shall face on a public street. Sueh portion of building visible from streets within the Industrial Park shall have a partial masonry exterior... Such exteriors are subject to the approval • of the Town Engineer to achieve harmony and compatibility with other buildings, which approval will not be unreasonably withheld • Buildings or structures having exterior walls of sheet metal shall not be located closer than one hundred and fifty (150) feet from the property line along any major or secondary highway or closer than fifty (50) feet from the property line along any other dedicated street. All structures shall have a ten year roof system. J. MECHANICAL EQUIPMENT AND DUCTWORK 1. All roof mount mechanical equipment and/or ductwork, which projects one and one-half (1 1/2) feet or more above the roof or roof parapet is to be painted in its entirety consistent with the color scheme of the building in all cases. 2. Plans for cyclone blowers, bag houses, tanks, etc., shall be reviewed at the time of site plan check to determine design integration with buildings and adjacent area. Furthermore, they shall be painted to match the surface to which attached 3. Incinerator vents are to be located on the rear or "hidden" side of the building whenever possible. K. SITE PLAN REVIEW 1. Five copies of the proposed site plan and other requirements are to be submitted to the Town of Pulaski, Town Manager's office for administrative review and approval. 2. Drawings including contours shall be of sufficient scale to provide adequate review. No site plan shall be to a greater scale than 1" =100 ft. 3. The site plan shall generally conform to Art. 10, Sections 7.1 and 7.2 of the Town's Zoning Ordinance. 4. The Lotowner is to delineate all improvements to property including materials to be used, landscaping, etc.. L. CONSTRUCTION PROVISIONS No mobile home, trailer, recreation vehicle, basement, tent, shack, barn or similar structure or vehicle may be placed or erected on this property except as required during the construction of improvements and then only for a maximum period of 180 days. All construction materials and debris will be kept at least fifty (50) feet from the public right of way during construction. Upon completion of construction of any improvements, the grounds surrounding the same shall be cleaned, construction materials and trash and debris removed, and the property kept in a neat and orderly condition. The foregoing Industrial Park Covenants and Regulations were adopted by the Town Council of the Town of Pulaski, Virginia, sitting in open session on April 14, 1998. • • r • This resolution is effective upon adoption by recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 14th day of April, 1998 as follows: James M. Neblett Lane R Penn Bettye H. Stegger Charles Stewart ATTEST: Trish Pendergrast AYE AYE AYE AYE BY:\ ~ ~ Cler f Cou W. Edgar Hale AYE Joseph L. Weddle AYE Pauline G. Mitchell AYE Gerald Bolen AYE John ohnston, Mayor ncil •