[HISTORY: This chapter contains the protective covenants
and deed restrictions for the Stratford Business/Industrial Park adopted
by the Village Board of the Village of Stratford 8-4-1989. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 590.
A.
The real property conveyed hereby, being part of the Stratford Business/Industrial
Park, is subject to the conditions, covenants, restrictions, easements,
and protections hereby declared to ensure proper use and appropriate
development and improvement of each building site thereof; to protect
the environment in this planned industrial district; to guard against
the erection thereon of structures built of improper or unsuitable
materials; to require conformance to applicable zoning ordinances
and building codes; to ensure reasonable development of said property
and location thereon of buildings; to control the development of said
property as an industrial district, including but not limited to proper
setbacks from the street, adequate free space between structures,
and adequate parking; and in general to provide for a high quality
of improvement on said property, to ensure that each building site
will not adversely affect the general plan for physical development
of the industrial district nor adversely affect the health or safety
of residents or workers in the area nor be detrimental to the use
or development of other properties in the Stratford Business/Industrial
Park. (A legal description of the property is attached.)[1]
[1]
Editor's Note: The legal description is on file at the Village
Clerk's office.
B.
In addition to the rules that follow, all property shall be used
in conformance with federal, state and local zoning, building, firesafety,
health, and environmental regulations, rules, ordinances and laws.
A.
The property in the Stratford Business/Industrial Park, or any portion
thereof, shall be occupied and used only for manufacturing, processing,
warehousing, and distribution activities in general compliance with
the Village of Stratford zoning requirements. Nonconforming land uses
will be determined by the project proposal, site plan, impacts on
the surrounding area, and associated considerations.
B.
Sites shall be a minimum of one acre.
C.
The permitted uses described above shall be conducted within standards
set in local, state and national codes pertaining to noise, vibrations,
smoke, toxic or noxious matter, odorous matter, fire and explosive
hazards, glare or heat, air pollution, water pollution and maintenance
of property.
A.
Exterior walls of buildings may be of enameled steel, masonry, wood
or similar building materials. Rooftop equipment should be screened.
B.
Good design is encouraged. Bright primary colors should be avoided
unless they are an integral part of the architectural design or can
be justified on the basis of a company's image or logo.
C.
It is the intent of these provisions that all structures shall be
designed and constructed in such a manner as to provide aesthetically
pleasing and harmonious overall development of the park.
D.
All faces of all buildings must be kept in good repair and appearance
at all times. All buildings must be of approved construction in conformance
with all federal, state and local building codes.
Before commencing the construction or alteration of any buildings,
additions, enclosures, fences, loading docks, parking facilities,
storage yards, or any other structures or permanent improvements on
or to the real estate conveyed hereby, the grantee shall first submit
its building plans, specifications, site and landscape plans, utility
easements, and an elevation sketch of all improvements to be placed
thereon to Stratford Area Economic Development Foundation, Inc./Village
of Stratford for its written approval. The Stratford Area Economic
Development Foundation, Inc./Village of Stratford shall approve or
disapprove, in writing, such building plans, specifications, site
and landscape plans, utility easements, and elevation sketch within
30 days after they have been submitted to Stratford Area Economic
Development Foundation, Inc./Village of Stratford. At such time as
the Stratford Area Economic Development Foundation, Inc./Village of
Stratford desires to relinquish its authority under these covenants,
said authority shall inure to its successors or assigns.
A.
Front yard. No building shall be constructed on the site nearer than
40 feet to the right-of-way of any public street or highway. In the
case of corner lots both forty-foot setbacks will apply.
B.
Side yard. Minimum side yards shall be 25 feet. In the event that
two adjoining sites shall be owned by the grantee and in the improvement
of such sites a building shall be erected on these combined sites,
then the side yard requirements on the interior lines are waived.
C.
Rear yard requirements and uses. Minimum rear yards shall be 20 feet.
All development within this district shall comply with any and
all appropriate provisions identified in the Village of Stratford
Zoning Ordinance.
A.
Front yard parking shall be improved with asphalt, concrete or equivalent
within 24 months from time of occupancy.
B.
Parking shall be provided along the sides and rear of the building
wherever practical but it is permitted anywhere on the premises except
in the minimum front yard or within the minimum side and/or rear yard
setbacks.
C.
Gravel parking areas are permitted; however, they shall be maintained
in a dust-free manner and must be properly drained. Seal coating,
chip and tar, or other methods of obtaining a hard surface are strongly
encouraged.
Public rights-of-way shall not be used for loading or unloading
of materials. A designated maneuvering area shall be established within
the dimensions of the site and in observance of the respective setback
requirements.
A.
One freestanding, monument-type sign per business shall be allowed.
The total size of the freestanding sign shall not exceed 70 square
feet. Maximum height of all monument signs shall not exceed six feet
above ground level, and said signs must be set back a minimum of 15
feet from street rights-of-way. Traffic directional signs and sales
and identification signs for the park shall be permitted in accordance
with the Village of Stratford Zoning Ordinance.
B.
One exterior wall sign per business shall be allowed. The total size
of the sign shall not exceed 10% of the area of the wall upon which
the sign is erected. Wall signs shall be fixture signs; signs painted
directly on the surface of the wall shall not be allowed.
C.
No billboard or rooftop signs shall be allowed in the business park.
All utilities, including all electric power, telephone, gas,
water, and storm and sanitary sewers, shall be located underground.
The location of the utility shall be subject to approval by the Stratford
Area Economic Development Foundation, Inc./Village of Stratford.
The Village of Stratford retains such right-of-way and easements
as may be necessary or convenient for the purpose of erecting, constructing,
maintaining and operating utility services over, across, under and
through the premises in the designated setback areas between building
lines and property lines. The Village shall also have the right to
grant such right-of-way easements to others to carry out this purpose.
Any contract for the laying of such lines, wires, conduits, pipes
or sewers shall provide that the premises shall be restored to the
same condition it was in prior to the doing of such work.
No waste material shall be burned on the premises except in
an incinerator designed and constructed for such purpose and in compliance
with applicable statutes and local ordinances.
All material or products stored outside buildings must be behind
the building setback line from the street and must be screened from
view from the street with solid fencing or screening approved by the
Stratford Area Economic Development Foundation, Inc./Village of Stratford.
All trash must be enclosed by a fence of solid material such as will
provide a suitable visual screen. Minimum height of such fence shall
be six feet. The fence must be kept painted or have such other finish
as is generally accepted for good appearance. Wire fence is not acceptable
for this purpose.
A.
In general, landscaping will be required in front yards and at entrances
to sites in the Business/Industrial Park. Berms, bushes, street trees
and other treatments should be used to soften the appearance of parking
and loading areas and to make front yards attractive.
B.
Excess fill material situated on the parcel at the time of conveyance
by the Village shall not be removed from the premises by the grantee
without first offering the same to the Village free of charge at the
parcel.
No land shall be developed and no use shall be permitted that
results in flooding, erosion, or sedimentation to adjacent properties.
All runoff shall be properly channelled into a storm drain, watercourse,
storage area or other stormwater management facility.
In the event grantees fail to start construction or make substantial
use of the land within one year of the date of purchase, the Village
of Stratford shall have the option of repurchasing the land at the
original sale price, plus interest at the rate of 5% per annum from
the date of closing, plus the cost, less depreciation if any, of any
improvements made to the property, plus any special assessment levied
against that portion of the parcel.
A.
In the event grantees elect to convey any subdivided property of
one or more acres of said land, the land shall first be offered to
the Village, and the Village shall have the option of repurchasing
the land at the lesser of the following: the price and terms offered
to grantees by a prospective buyer; or at the original sale price,
plus interest at the rate of 5% per annum from the date of closing,
plus the cost, less depreciation if any, of any improvements made
to the property, plus any special assessment levied against that portion
of the parcel.
B.
The offer to the Village shall be by registered mail, return receipt
requested, mailed to the Village Clerk.
The enforcement of the restrictions contained in this document
shall be by proceedings at law or equity against any person or persons
violating or attempting to violate any restrictions or covenants to
restrain violation, obtain substantial compliance, and recover any
damages. Such proceedings may be commenced by either the Village of
Stratford or the Stratford Area Economic Development Foundation, Inc.,
or by any owner or owners of lots in the park.
Any person violating any of the provisions of this covenant shall be subject to penalties as outlined in Chapter 590, Zoning, of the Village Code.
The restrictions and covenants set forth herein may be amended
only upon the execution and recording of a written instrument to said
effect by the majority of the Stratford Village Board and Stratford
Area Economic Development Foundation, Inc., as evidenced by an adopted
resolution of the respective memberships.
Invalidation of any one of the restrictions or covenants contained
in this document, by judgment or court order, shall in no way affect
any of the other provisions hereof which shall remain in full force
and effect.
Notwithstanding the provisions contained herein in this document,
all development in the Stratford Business/Industrial Park shall be
in accordance with all applicable local, state and federal laws.
A.
The Village shall have 90 days after the expiration of the one-year
time limit, or after the notice of intent to convey, to exercise its
option to repurchase, unless an extension of time is mutually agreed
upon and set forth in writing. Action on the repurchase shall be by
a resolution adopted by the Village Board. If the option is exercised,
conveyance to the Village shall be by warranty deed free and clear
of all liens or encumbrances created by act or default of the grantees.
B.
This repurchase restriction runs with the land as do all restrictions
contained in this document, and all heirs and assigns of grantees
and every owner of the parcel shall be subject to this restriction
and to all the restrictions in this document.
