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CURRITUCK COUNTY FOR COOPER LANDING SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS
That Cooper Quality Construction, Inc. and Narrow Shores Development, Inc., herein sometimes referred to as
“Developer”, does hereby covenant and agree to and with all other persons, firms, or corporations hereafter acquiring
Lots 1 through 18 as shown on a certain plat prepared by Hyman & Robey, PC, entitled in part: “Cooper Landing
Poplar Branch Township, Currituck County, North Carolina,” and recorded in the Office of the Register of Deeds of
Currituck County, North Carolina, in Plat Cabinet ____, Slide ____ and Plat Cabinet ____, Slide ____, that Lots 1
through 18 as shown on said plats shall be subject to the following restrictions as to the use thereof running with the
properties by whomsoever owned, to wit:
1. PURPOSE: All lots shall be used for residential purposes only. No building shall be erected, altered,
placed upon or permitted to remain on any lot other than one detached single family dwelling not to exceed two and
one-half stories in height, and two detached garages or sheds. Detached structures shall be allowed as long as they
match the character of the dwelling, including but not limited to siding, roofing, roof pitch, and windows. However, it
shall not be considered a violation of this restriction if any builder or developer maintains sample houses on any of the
properties covered by these restrictions so long as such builder has properties for sale or is servicing properties under
warranties within the boundaries of the tract known as Cooper Landing Subdivision.
2. MINIMUM SQUARE FOOTAGE/ ARCHITECTURAL REQUIREMENTS: No dwelling shall be constructed or
allowed to remain on said lots having less than 2,000 square feet of floor space in heated areas, exclusive of porches,
exterior storage and attached garages.
Any detached garage or shed shall be constructed of the same exterior building materials as the principal residence
and must conform in appearance to the principle residence.
A. No horizontal lap vinyl siding shall be allowed on structures. Siding shall be brick, fiber cement, cedar
impression vinyl, etc.
B. Minimum main roof pitch shall be 8/12
C. All dwellings shall have an attached garage of at least 400 square feet
D. Homes must have masonry foundations with a minimum of three 8” blocks with a brick or stone veneer.
E. All structures, attached and detached, shall be site built with new materials.
3. SETBACK REQUIREMENTS FOR SINGLE FAMILY DWELLINGS:
No building shall be constructed on any lot nearer than:
A. Lots 1, 2
Front Setback: 60 feet from front (street) property line
Side Setback: 15 feet from side property lines
Rear Setback: 25 feet from rear property line
B. Lot 3
Front Setback: 20 feet from front (street) property line
Side Setback: 15 feet from side property line except side setback nearest Narrow Shore Road
which shall be 60 feet
Rear Setback: 25 feet from rear property line
C. Lots 4, 5, 6, 7, 8, 9, 10, 11
Front Setback: 70 feet from front (street) property line
Side Setback: 15 feet from side property lines
Rear Setback: 25 feet from rear property line
D. Lots 12, 13
Front Setback: 20 feet from front (street) property line
Side Setback: 15 from side property lines
Rear Setback: 25 feet from rear property line
E. Lots 14, 15, 16, 17, 18
Front Setback: 40 feet from front (street) property line
Side Setback: 15 feet from side property lines, except for lot 18, in which side setback nearest
Narrow Shore Road shall be 60 feet
Rear Set Back: 25 feet from rear property line
4. SETBACK REQUIREMENTS FOR PRIVATE GARAGE: All private garages shall comply with the setbacks
set forth in Article 3 but shall be required to observe only a ten (10) foot setback from side boundary lines, except for
lots 3 and 18 on which 60 foot side setbacks from Narrow Shore Road are observed. All private garages shall be
required to maintain a ten (10) foot setback from the principal dwelling.
5. RESUBDIVISION OF LOTS: No lot shall be subdivided into a lot having less than the dimensions of the
original lot. However, nothing herein contained will prevent a lot from being recombined with an adjoining lot to form
one residential unit. In the event of the combination of two or more lots, the side lot and front building setbacks would
apply to the outside boundaries of the resulting lot.
6. NO OFFENSIVE ACTIVITY: No noxious or offensive activity shall be carried on or conducted upon the lots
nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.
7. MAINTENANCE AND APPEARANCE:
A. Each lot owner shall keep lots free of tall grasses, dead trees, trash and rubbish and shall properly maintain the lot
so as to present a well kept appearance. Basic landscaping in front yards is required within twelve months of
completion of construction.
B. The natural vegetative buffer at the rear of all lots must be left in a natural state and shall not be cleared or thinned
on the rear fifteen (15) feet of all lots.
C. All buildings shall be maintained in a suitable state of repair.
D. No junk, wreck, or inoperable vehicles of any type shall be stored on property. All stored vehicles must be properly
licensed and inspected.
E. The accumulation of trash and debris is strictly prohibited (except during construction, in which construction debris
must be kept in containers)
F. All vegetable gardens are to be at the rear of the lot.
G. Clothes lines must be of commercial type and located to the rear of the property
H. Pole lights over seven feet (7’) tall are strictly prohibited so as to maintain the natural character of Cooper Landing.
8. ANIMALS: No animals may be kept on any lot except the usual household pets, so long as they are not
kept for breeding or any other commercial purposes. Livestock and the kind are prohibited.
9. CONSTRUCTION ON LOT: No mobile home, trailer, doublewide mobile home or preexisting home of any
type, kind or description shall be placed upon or allowed to remain on any lot. All homes and detached structures are
to be site built with new materials.
10. TEMPORARY STRUCTURES: No structure of a temporary character shall be placed upon any portion of
any lot. Temporary shelters, tents, travel trailers, campers or self-propelled mobile homes shall not at any time be
used as a temporary residence. No outside toilets or privies shall be erected, except during construction of dwelling.
Campers, travel trailers, boat trailers, self-propelled mobile homes and other vehicles of that nature, properly licensed
and inspected, may be stored on a lot, provided they do not constitute a visual nuisance and are stored on a lot with
an existing dwelling, either in the garage or in the backyard.
11. TIME OF CONSTRUCTION: Any construction of a dwelling or private garage situated on any lot shall be
completed within one year of the date of the commencement of construction.
12. SIGNS: No signs of any kind shall be displayed to public view on any lot except a sign of not more than 5
square feet advertising the property for sale or rent or signs used by contractors during the construction period. This
provision shall not apply to the developers for a period of 18 months after the recordation of the subdivision plat.
13. UTILITIES: All telephone, electric and other like utility lines and connections between the main utility lines
and residence shall be underground. All fuel and propane tanks are to be buried or aesthetically fenced in.
14. EASEMENTS: Developer reserves unto himself a 10 foot easement, unless a greater width is shown on
the recorded subdivision plat, along and adjacent to all lot lines for the installation and/or maintenance of drainage and
utility wires, fixtures, circuitry for electric telephone and cable television service and for the installation and/or
maintenance of water lines.
15. MEMBERSHIP: The owners of the lots or parcels, excluding lots or parcels owned by developer, are
required to become members of the Cooper Landing Homeowner’s Association Inc, a non-profit corporation to be
formed through the office of The Secretary of State of North Carolina. The lot owners, excluding the developer, shall
be subject to the rules, regulations and by-laws adopted by the Association including the levying of assessments for
the purpose of maintaining streets, drainage facilities, the pier, or other subdivision amenities. In determining the
affairs of the Homeowner’s Association, each lot or parcel shall be allotted one vote.
No later than one hundred eighty (180) days after the Developer has less than a 20 percent interest or ownership of
less than 4 lots in the subdivision, the Association shall conduct a special meeting of the membership for the purpose
of transition and election of the Board of Directors consisting of members of the Association.
The Association shall assess the property owners for maintenance and/or replacement of all property deeded to the
Association and this maintenance fee shall be fixed by the Board of Directors based upon replacement estimates and
the actual annual budget for such year. The minimum annual assessment shall be $275.00 per year and shall be due
by December 31 of each year.
Special assessments may be levied for expenses applicable to that year only to defray the cost of professional or
consulting fees, or any unexpected repairs or capital improvements. Special assessments of greater than $500.00
must be voted on and approved by a majority of the Membership (10 lots).
All fees and assessments not paid within thirty (30) days after the delinquency date shall bear interest in the amount of
one and one-half percent (1.5%) per month and may result in civil action and/or a lien against any such lot.
16. LOT COVERAGE: No more than 29% of any lot shall be covered by structures and/or paved surfaces,
including walkways or patios of brick, stone, slate or similar materials. This covenant is intended to insure continued
compliance with storm water runoff rules adopted by the State of North Carolina.
17. DRIVEWAYS: Prior to commencement of construction of improvements, or clearing of any lot, other than
by hand, the Owner shall place a temporary or permanent driveway to provide entry to the lot from the road. All drives
are to be completed by the completion date of construction and are to be constructed of concrete. Aggregate and
stamped concrete is encouraged. All driveway culverts are to be installed to meet specifications of North Carolina
Department of Transportation.
18. SWIMMING POOLS: No above ground swimming pool shall be placed upon or allowed to remain on any
lot. In-ground pools must be fenced in.
19. SATELLITE DISHES: No satellite dishes having a diameter of more than 24 inches shall be placed upon or
allowed to remain on any lot.
20. FENCES: In order to retain the aesthetic qualities of the neighborhood, the following restrictions relating to
fencing shall be enforced:
A. On all lots other than corner lots, no fence shall be installed in front of the rear line of the house on the lot, and
those fences in locations where erection is permissible shall not be more than four (4) feet in height.
B. On all corner lots, no fence shall be installed in front of the rear line of the house nor shall any fence be installed
closer to the side street curb than the side line of the house.
C. No perimeter chain link fences are permissible. Fences of a decorative nature only are permissible with consent of
the developer.
D. Fencing must be consistent along the entire length. Wood fencing shall not be allowed as brick, aluminum, vinyl,
etc. is encouraged.
21. DRAINAGE: No lot owner shall block any ditches or other drainage areas.
22. ARCHITECTURAL REVIEW: Developer shall retain architectural review and approval of all building
plans/additions prior to construction until such time Developer has less than 20 percent interest or less than 4 lots. At
that time the Association shall form an Architectural Review Committee.
23. ROAD MAINTENANCE: All property owners shall sign and adhere to a Road Maintenance Agreement for
Overton Lane. Any excessive damage to roads or drainage channels caused during construction or clearing on any lot
shall be the liability of that Lot Owner and the cost of repair shall be borne by that Lot Owner.
At such time that the North Carolina Department of Transportation (NCDOT) accepts Overton Lane as a state
maintained roadway, Overton Lane and its easement shall be dedicated to NCDOT.
24. TREE PROTECTION PLAN: It is the intent of the developers to maintain existing tree stands at Cooper
Landing Subdivision in order to preserve its natural character. If trees with larger than an eighteen inch diameter (18”)
are removed, or damaged during the construction process, the trees shall be replaced by the individual lot owner by
planting new trees on the lot.
25. COMMUNITY PIER/ BOAT SLIPS: The community pier and boat slips are for the use of the entire community
and are not intended for long term boat storage. No boat shall be parked at a boat slip for longer than twenty four (24)
consecutive hours.
26. HUNTING: Hunting is strictly prohibited on any properties at Cooper Landing, including community open
spaces.
27. ASSUMPTION OF RISK: All Owners and Owners’ guests assume all risk, and use at their own risk any
community open space, including but not limited to the pier, gazebo, boat slips, roadway, and nature areas.
28. STORM WATER COMPLIANCE: These covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW7060509 as issued by the Division of Water Quality under NCAC 2H.1000
A. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the Stormwater Management Permit
B. These covenants are to run with the land and be binding on all persons and parties claiming under them
C. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the
State of North Carolina, Division of Water Quality
D. Alteration of drainage as shown on the approved plans may not take place without the concurrence of the Division
of Water Quality
E. The maximum built-upon area per lot is 29%. This allotted amount includes any built-upon area constructed within
the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the
pavement. Built-upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and
coquina, but does not include raised, open wood decking, or the water surface of swimming pools.
F. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for
average driveway crossings, is strictly prohibited by any persons
G. Each lot will maintain a 30” wide vegetative buffer between all impervious areas and surface waters
H. All roof drains shall terminate at least 30’ from the mean high water mark
These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a
period of twenty (20) years from the date these covenants are recorded, after which time the covenants shall
automatically be extended for successive of ten (10) years. All prior recorded restrictive covenants are void. The
restrictions and covenants may be changed in whole or in part by sixty-six percent (12 lot votes) of the then lot owners.
For the purposes of such a vote, each lot is assigned one vote. Nevertheless, the Developers reserve unto itself the
right to amend restrictions and covenants. In the event of such amendment(s), all subsequent lot owners shall be
subject to and bound by such amendment(s).
Any owner of the lots or parcels within said subdivision shall have the right to enforce these covenants and restrictions
by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant or
restriction whether such action is to restrain the violation of said covenant or restriction or to recover damages.
Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions and
the other covenants shall remain in full force and effect.
IN TESTIMONY WHEREOF, developers have hereunto set their hands and seals the day of , 2006.
BY: ____________________(SEAL)
John M. Cooper, President Cooper Quality Construction, Inc.
STATE OF NORTH CAROLINA
CURRITUCK COUNTY
I, _______________________________, a Notary Public of the County and State aforesaid, certify that John M.
Cooper, personally appeared before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal, this________ day of ______________, 2006.
My Commission Expires: ______________________________
Notary Public
IN TESTIMONY WHEREOF, developers have hereunto set their hands and seals the day of , 2006.
BY: ____________________(SEAL)
Ronnie J. Cooper, Jr. President Narrow Shores Development, Inc.
STATE OF NORTH CAROLINA
CURRITUCK COUNTY
I, _______________________________, a Notary Public of the County and State aforesaid, certify that Ronnie J.
Cooper, Jr., personally appeared before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal, this________ day of ______________, 2006.
My Commission Expires: ______________________________
Notary Public