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DECLARATIONS OF RESTRICTIONS AND COVENANTS
TO RUN WITH THE LAND
KNOWN ALL MEN BY THESE PRESENTS:
Pine Shadows Subdivision Property Owners Association
All of Blocks one (1) through Four (4), both inclusive
of Pine Shadows Subdivision located in: MERRILL
TRACT, according to the plat thereof recorded in
Book 9 of Plats, Page 31, office of the
Register of Deeds, Fall River County, South Dakota,
LESS Highway Right-of-way, and Less Lot H-1
located in Section 4 and 9. Lots 1 and 2, S 1 /2, NE
1 /4, SE 1 /4, and the E 1 /2, W 1 /2 in Section 5, all in
Township Eight (8) South, Range Five (5) East, of
the Black Hills Meridian, Fall River County, South
Dakota.
That for the purpose of maintaining fair and adequate property values and
of continuing said property as a desirable residential part of Fall River County, South
Dakota, it hereby makes the following declarations as to restrictions and use of the
above described lots, and hereby specifies that said declarations shall constitute
covenants to run with the land and shall be binding upon all parties and all persons
claiming under them for a period of ten (10) years from the date these covenants are
recorded, after which time said covenants shall be automatically extended for
successive periods of ten (10) years unless an instrument signed by a majority of the
then owners of the lots has been recorded, agreeing to change said covenants in whole
or in part. Invalidation of any one of these covenants by county zoning or planning
requirements, judgment or court order shall in no way or respect affect any of the other
provisions which shall remain in full force and effect. All covenants will also be
recognized by and agreed to by the Pine Shadows Subdivision Property Owners
Association.
Enforcement of said covenants shall be by proceeding at law, or in equity
against any person, or persons, violating or attempting to violate any covenant, either to
restrain violations or recover damages. Any property owner (s) at their discretion may
try to enforce said covenants by filing civil suit court action against any property owner
who appears to violate any covenant.
1. LAND USE AND BUILDING TYPE: Subject to the provisions of covenants
hereof, all lots in the above-mentioned addition shall be known, described and used
except as set forth in Paragraph 8 for residential purposes only. Only one-family units
shall be erected, altered, placed or permitted to remain on any lot, not to exceed two
stories in height on any elevation and a private garage for not more than three (3) cars.
No more than one residence shall be constructed or placed on any lot and shall not be
less than Nine Hundred (910) square feet in size. No lot shall be further subdivided if
such subdivision should result in any lot or tract of less than five (5) acres size. Any
further subdividing will be subject to the approval of any and all governing bodies. In the
event a lot is subdivided a residence may be placed on each of the subdivided lots. The
construction of any residence built must
be of new building materials and shall be completed within one (1) year from the date of
commencement thereof.
2. HOUSE TRAILERS: House trailers shall not be permitted upon any of the
subdivision lots.
3. EASEMENT: An easement both over and underground is reserved over a
reasonable part of said lots to be exercised in a manner not to interfere with the
reasonable utilization of said lots for residential purposes for utility installation and
maintenance. 7.5' (foot) wide utility easements reserved along each side of all lot lines.
All residences so erected shall be situated and placed upon said lots so that there shall
be a set-back of at least twenty-five (25') from the front of said lots and nine feet (9')
from the back and sides of each lot. Front of lot as herein used shall be that side of the
lot that access is afforded to said lot.
4. NOXIOUS OR OFFENSIVE ACTIVITY: No noxious or offensive activity shall
carried on upon any lot nor shall anything be done thereon which may be or become an
annoyance or a nuisance to the neighborhood, such as old salvage automobiles, large
trucks or trailers, school buses, road construction equipment, motor parts, salvage
metals, pipes, old machinery, cement blocks and bricks, building materials, home
appliances and so forth. Also, no activity that creates excessive noises, offensive odors,
or activities or machines that create excessive amount of dust. All Trash should be
removed bi-weekly.
5. TEMPORARY STRUCTURES: No structure of a temporary character, basement,
tent, shack, garage, barn or other outbuilding shall be erected upon or used on any lot
for a residence at any time, either temporary or permanent. Modern Campers or
Recreational Vehicles or Tents used in a recreational situation will be allowed, on the
basis of camping or vacation type situations, but will not be allowed on a permanent
basis. A permanent situation would be defined as two months or more.
6. DWELLINGS CONSTRUCTED IN ANOTHER LOCATION: Dwelling constructed
in another addition or location shall not be moved to any lot within this Subdivision. New
Modular homes can be placed on any of the lots and if a Modular home located on any
of the lots is to have any addition or entrance added to such home, such additions and
entrances shall be constructed of new material and pursuant to sound building
practices and must have adequate foundations. Older dwellings existing in another
addition or location shall not be moved to any lot or tract within this subdivision.
7. SEPTIC TANK, CESSPOOL, AND LATERAL SPECIFICATIONS: Said premises
shall not be used or maintained as a dumping ground for old cars, rubbish, or trash, and
all garbage or similar waste shall be kept in sanitary containers and all incinerators and
other equipment for disposal of garbage shall be kept in a clean, sanitary and fire safe
condition. Until said addition is included within an approved sanitary district, the owner
of the premises shall maintain a septic tank for the sanitary disposal of sewage when
permanent residence is completed which shall be in conformity with the minimum
requirements of the county of Fall River and or the State of South Dakota health
requirements.
8. COMMERCIAL ACTIVITIES: No commercial activity of any kind shall be
permitted on these lots or premises except those contiguous to State Highway 71.
These properties are deemed as commercial property upon which commercial activities
may be under-taken.
9. HOME-BASED BUSINESS: Home-based business will be allowed provided the
business does not alter the residential character of the neighborhood and does not
cause adverse traffic, nuisance, noise or other possible effects. The business is
conducted only by members of the family residing at the premises and conducted from
the house, garage or other detached structure and not visible to the public. Public
access to the home business shall be by invitation or appointment only. No exterior
display or signage shall be allowed.
10. GARAGE SALES: Garage sales, yard sales and rummage sales are permitted
as long as they shall last no more than three (3) days in duration and held no more
than three (3) times per year and offer a thirty (30) daybreak between sales. It is not
permissible to leave sale items displayed outside a structure between sales. Signs
advertising the sales must be removed immediately after the sale is concluded.
Sales must be conducted on the owner’s property, or another owner’s property in the
case of a multi-party sale. Activities conducted entirely within the residences, such
as internet transaction and stock market transaction which do not account for
additional vehicle or pedestrian traffic is allowed.
11. SIGNS: No sighs of any kind shall be displayed to the public view on any lot,
provided, however, that it shall be permissible to display on any lot one (1) professional
sign of not more than six (6) square foot or one sign of not more than five square feet
advertising the property for sale, or signs used by a builder or the owners to advertise
the property during the construction and sale period; commercial lots shall be exempt
from this provision.
12. DRIVEWAYS: All private driveways which cross a ditch or burrow pit of a public
roadway and which would obstruct the flow of water through said ditch or burrow pit,
must have a culvert installed in the ditch prior to the construction of the driveway. The
cost thereof shall be borne by the landowner.
13. FENCES: All fences upon the exterior boundaries of any lot or site shall be of a
reasonable uniform character, not in excess of six feet (6') in height. New fencing
material is required.
14. PROPERITY OWNER'S ASSOCIATION:
1. Ownership of any lot within the above-described property shall qualify and
obligate the owner to membership in the Property Owner's Association, which shall be a
non-profit South Dakota corporation. Each and every lot owner, in accepting a deed or
contract for deed for any lot, agrees to and shall be a member of and subject to the
obligations and duly enacted bylaws and rules of Property Owners Association.
2. Each owner of a lot shall be entitled to one vote. If more than one owner
of a lot, the owners must decide among themselves how to cast their one vote.
Fractional voting will not be allowed. Owners of more than one lot shall be entitled to
one vote for each lot owned. Meetings of the Property Owners Association will be held
at least annually, and fifteen (15) days written notice by mail to the owner's last known
address shall be given of the time and place of the meeting. A quorum of owners of at
least fifteen (15) lots shall be necessary to conduct business. A special meeting of the
Property Owners Association may be set by the president or any 15 lot owners.
3. The Property Owners Association shall be responsible for the
improvement and maintenance of the residential roads and right-of-way of the roads.
4. The Property Owners Association acting through its Board of Directors
shall have the duty of enforcement of the covenants and collection of all annual and
special assessments.
5. The initial annual assessment of each lot shall be set at $75.00 dollars.
The annual assessment shall be raised by the Board of Directors as the needs of the
Property Owners Association shall require. The annual assessment shall not increase
more than 5% per year unless such greater increase is approved by 50% of the lot
owners present and voting in person, which vote shall be taken at the annual meeting
of the Property Owners Association or at a special meeting called for such purpose.
Special assessments may be made upon a vote of 2/3 of the lot owners present and
voting in personal at the annual meeting. The Board of Directors may set the annual
assessment at an amount not to exceed the maximum. The annual and special
assessment shall constitute a lien upon the real estate of the owner. Any assessment
not paid within 30 days after it is due shall bear interest at the rate of interest set for
judgments by the laws of the State of South Dakota.
No assessment of any nature shall be made upon lots owned by developer.
6. The Association, through its Board of Director, may bring legal action for
collection of any unpaid assessment or foreclose the lien against the real estate of the
property so assessed.
15. LIVESTOCK AND PETS: Except as hereinafter specified, no animals or poultry
of any kind shall be raised, bred or kept on any lot.
1. Cats, dogs, or other household pets may be kept provided that they are
not kept, bred or maintained for any commercial purpose.
2. It shall be permissible to keep or graze horses, donkeys, mules, Llama, and
Alpacas upon the above-described property provided there is no more than One (1)
horse, donkey, mule, Llama and Alpacas for every 80,000 square feet of property on
any lot or Tract.
3. One (1) young calf or sheep can be raised for the purpose of a short-
term project such as a 4-H club, or Future Farmers of America project situation but
cannot be kept on a permanent basis. A permanent situation would be defined as 9
months or more.
4. Chickens may be kept on the owner's property as an accessory use for the
purpose of
having private laying hens provided there are not more than 12 such chickens and a
proper chicken coop and fenced chicken yard is provided for proper containment. The
coop and yard must be kept clean and manure removed in a timely manner. No
roosters will be permitted. The chickens will not be allowed to roam free range. The
keeping of chickens shall not create a nuisance, odor or a disturbance of the peace.
5. Hogs or Pigs are not allowable on any Lot at any time.
6. All animals and poultry described aforementioned are allowed only by the
persons who own or lease the lot. No commercial boarding or raising of animals or
poultry owned by other persons will be allowed.
7. It shall be permissible to construct barns or stables or coop upon said
property for the purpose of sheltering said animals permitted in number to graze upon
said lots as aforesaid, provided that the same shall be constructed of new material and
in neat and reasonable fashion commensurate with all of the construction on the above-
described property and, so far as is practicable, shall be of a similar type of construction
as of the home upon said lot. No barn or stable or coop shall be constructed within
seventy-five feet (75') of any adjoining residence and accumulation of manure attracting
flies or causing odor shall be prohibited.
All of the above provisions relate to the grazing and pasturing of animals or poultry
upon the above-described property, notwithstanding the above provisions, shall be in
conformity with the minimum requirements and standards of Fall River County, South
Dakota and the regulations promulgated by it from time to time.
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