MALVERN PROTECTIVE COVENANTS
The Malvern Subdivision is composed of eight sections, each with its own set of Protective Covenants recorded with the Clerk’s office of the Circuit Court for the City of Hampton, Virginia. With the exception of dates, section and plat book/page numbers, and minor wording variance; the eight sets of covenants contain no substantive differences. While copies of the rec
orded covenants are maintained by the Malvern Civic Association Board of Directors and available for inspection upon request, the following is a composite of the eight sets. This composite has been prepared to limit reproduction cost and confusion in distribution. PROTECTIVE COVENANTS
Malvern, City of Hampton, VA
Malvern Development Company, a Limited Partnership, acting by and through its General Partners, hereby declare that the following conditions and restrictions shall be covenants real, running with the land and applicable and binding upon the present and future owners of all the numbered lots of land and all other areas shown on the Malvern plats, hereafter referred to as “subdivision” for a period of thirty (30) years from the date these covenants are recorded, namely:
1. Land Use and Building Type: No lot shall be used except for residential purposes. No building or structure shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two stories in height and a private garage for not more than two cars.
2. Dwelling Requirements: No dwelling shall be constructed on any lot unless the area of the main structure meets with the following requirements:
(a) One story dwellings shall have a minimum of 1,000 square feet exclusive of open porches and garages. (b) Split-level dwellings shall have a minimum of 1,000 square feet on the ground floor, exclusive of open porch patios, carports and garages having no living quarters above them. The ground floor shall consist of the lower floor levels of the dwelling. (c) One and one-half (1 1/2) story dwellings shall have a minimum ground floor area of not less than 900 square, and a second floor area of not less than 400 square feet, exclusive of open porches and garages. (d) Two story dwellings shall have a minimum ground floor area of not less than 700 square feet and a second floor area of not less than 700 square feet, exclusive of open porches and garages.
3. Architectural Requirements and Architectural Control Committee: No building, garage, accessory building, outbuilding, fence nor any addition to existing buildings, garages, accessory buildings, outbuildings or fences nor any other structure, pole, radio or television aerial or transmitter mast or tower except structures permitted under the provisions of paragraph 7 of these restrictions, nor any trailer (the term “trailer” shall include, but not be limited to, a mobile home, a boat trailer and a car trailer), shall be erected or permitted to remain upon any lot in the subdivision, unless the plans and specifications for the same (two copies), a plat showing placement of the building or structure upon the lot (two copies) and such additional information as to exterior materials and architecture (two copies) as may be called for by the Malvern Architectural Control Committee have been signed by said committee and approved by it in writing. The said Committee, to consist of no less than tree or more than five members, appointed by the General Partners of the said Malvern development Company, a Limited Partnership, shall, if the said plans, specifications, plat and other information be approved, return one copy of all documents filed to the party filing the same with the approval thereof endorsed upon each and signed by the Chairman of the Committee. The standard to be applied shall be determined and/or changed by the Committee from time to time assist, in its sole discretion, shall determine with the general standards, to be applied being calculated to ensure harmony of exterior design, appearance, materials and placement of building and structures, with the subdivision. The members of the said Committee shall be appointed, reappointed, and removed after the date of recordation of this instrument, by the general partners of the partnership, as they, in their sole discretion may determine, it is deemed advisable to delegate this authority permanently to a new committee, composed of not less than three nor more than five persons designated by such civic organization as may hereafter be formed, in the subdivision, with membership limited to residents thereof, and/or owners of numbered lots in said subdivision. After the said delegation has been accomplished, the said new committee shall succeed to all powers and obligations of the Malvern Architectural Control Committee as set forth in these restrictions, and may be appointed, reappointed, and removed under such rules and by-laws as may be prescribed by the said Civic Organization, and the interest and control of the said general partners as to matters contained in this paragraph shall cease upon the said delegation being accomplished.
4. Building Location: The front of each numbered building lot shown on the said plat is indicated by the “30’ min. No building shall be located on any numbered building lot shown upon the said plat, unless the front of the said building faces the front of the lot upon which it is located, nor shall any building be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback line shown on the recorded plat. There shall be a side yard along each side of each building and the sum of the sides thereof shall be not less than twenty-five (25%) percent of the lot’s width measured at the building setback line. The minimum width any such side yard shall be ten percent (10%) of the lot’s width except that if the total required width of the two side yards is twenty-five (25) feet or more, one need not be more than ten (10) feet in width. There shall be a rear yard having depth of not less than twenty (20) feet, provided that if the depth of the lot is greater than seventy-five (75) feet, the required depth of the rear yard shall be increased by an amount equal to one third of the rear yard depth over seventy-five (75) feet, however, no such rear yard need be more that thirty-five (35) feet in depth. Every rear yard shall extend to and be measured from the rearmost portion of the main building. No garage building shall be more than one story in height or cover more than twenty (20%) per cent of the rear yard; no detached garage building shall be located closer than five (5) feet to the rear property line nor closer that three (3) feet to the side property line. For the purpose of this covenant, eaves, steps and open porches, excepting side porches, shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.
5. Sewage Disposal: Every dwelling unit constructed within this subdivision shall be connected to the public sewage disposal system.
6. Easements: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of subdivision.
7. Underground Electrical and Telephone Service: Neither poles nor other structures for the carrying or transmission of electric power or telephone service, nor any electric or telephone line or cable, elevated or carried above the surface of the land or ground, and not completely enclosed within some building or structure, permitted under the provisions of these restriction, shall be erected, altered, placed or permitted to remain upon either; (1) any lot in the subdivision or (2) in or upon any street, alley, sidewalk, curb, gutter or easement or right-of-way included within the subdivision. All electric and telephone service facilities constructed or placed within the subdivision, unless completely enclosed within some building or structure permitted under the provisions of these restrictions must be carried, housed or place beneath the surface of the land in the subdivision. (a) The provisions of this paragraph 7 shall not apply to street lights, supported by columns, or transformer boxes and containers for electrical equipment used in connection with providing electric or telephone service to permitted structures within the subdivision, so long as such transformer boxes or containers do not project more that five (5) feet above the surface of the ground and so long as such street lights and the columns supporting them, and such transformer boxes and containers are not attached directly to electric or telephone wires and cables elevated above the surface of the ground; nor shall the provisions of this paragraph 7 apply to electric or telephone wires and cables, elevated above the surface of the ground, but attached throughout their exposed or elevated length to the side of some building or structure permitted under the provisions of these restrictions.
8. Waiver of Restrictions: (a) The requirements of paragraph 3, 4, and 7 of this instrument may be waived as to any individual lot or structure, by the unanimous vote of the Malvern Architectural Control Committee or its successor appointed by the said Civic Organization as set forth in paragraph 3 above; provided, however, that no such waiver shall be granted by the Committee unless; (1) the duly constituted and appointed authorities of the municipal corporation having authority over the said subdivision shall have first certified to the Committee in writing that the construction for which a waiver of restrictions is sought is either not in violation of the ordinance of the said municipal corporation, or that a proper and valid variance has been granted by the said municipal corporation to correct or allow any existing or proposed violation of the applicable ordinance, as to the particular lot and construction in question, and (2) the Malvern Architectural Control Committee, by unanimous vote of all its members determine that such waiver, if granted, adversely affects neither the value of the property in the subdivision not the general appearance of the subdivision. (b) The granting or denial of a waiver by the Committee under this paragraph 8 of these restrictions shall be a matter solely within the discretion of the Committee, and neither the Committee nor any of its members, jointly or individually, shall be subject to any liability to any person or organization whatsoever as a result of any action the Committee, or inaction of the Committee
9. Nuisances: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance to the neighborhood.
10. Fences: No fence shall be erected on any lot nearer to a street than the minimum setback line shown on the recorded plat.
11. Temporary Structures: No trailer, camper or tent shall be used on any lot, at any time as a residence either temporarily or permanently.
