MADISON COUNTY, STATE OF IDAHO
KNOW ALL WOMEN AND MEN BY THESE PRESENTS that (Owners) are the owners of that tract of land or lots within that tract of land situated in Madison County, Idaho, and described as follows:
River’s Edge Subdivision is located in Madison County, as shown on the recorded plat thereof, said plat being recorded on 11/16/23 in the Madison County, Idaho Recorder’s Office.
In order to protect subsequent lots and homeowners in River’s Edge Subdivision, County of Madison, Idaho; and in order to assure uniform and desirable use, occupancy, and buildings on said property, owners do hereby impress the above-described real property with the following covenants and restrictions:
A. FURTHER SUBDIVISION. The above real property has been subdivided into lots of various sizes. No lot as delineated on the filed plat may be further subdivided. The remaining acreage on the west parcel may be further subdivided at some point in the future at the discretion of the developers. A Homeowners Association with accompanying dues shall be established once all infrastructure is in place and more than half of the 28 lots have been sold by original developers. Original developer will not be required to pay fees associated with Homeowner’s Association until lots have been legally transferred to a buyer.
B. RESTRICTIONS ON DWELLINGS. No lot shall be used for any purpose except residential use. If necessary, approval is obtained by the applicable political subdivision and also by a majority of the lot owners within the subdivision, there can be a small home business in the residence on a lot. No more than one single-family residence or dwelling shall be erected on any lot. All lot owners may have the right to have renters, but all renters must abide by these protective covenants, with lot owners being responsible for the renters’ activities.
C. DWELLING STANDARDS. All dwellings or residences or other buildings, when commenced, shall be completed as to the exterior with reasonable promptness, and no unfinished dwellings or residences or buildings shall be permitted to remain on any lot. All dwellings or residences shall be of new construction and no trailer, RV, manufactured, or modular homes of any kind will be permitted. No existing homes may be moved from elsewhere and placed on a lot or foundation.
a. All dwellings or residences on any lot shall not be smaller than 3,000 square feet total, or 2,250 minimum square feet in the main living area, not including a garage. All residences or dwellings shall be of good quality construction and be in compliance with all building codes. No basement or crawl space shall be included in total square foot counts.
b. Structures or improvements allowed on the properties include the following: One Principal Residence, one guest house for the use of guests and not for rent, detached garage(s), shop(s), and barn(s). All improvements shall be of the new, permanent construction using good quality construction and be in compliance with all building codes.
c. All residences must include a garage large enough for at least two automobiles. Detached buildings shall not be greater in size than a maximum of 2,000 square feet, exposed foundations of concrete or masonry construction shall not have an exposed surface, which exceeds a height of eighteen inches above finished grade.
d. All crawl spaces shall be backfilled to a level at or above natural ground level.
e. Finish grading on all building sites shall ensure drainage of surface water from the
building(s) to avoid concentrating runoff onto adjacent properties.
D. LOCATION OF DWELLINGS AND OTHER BUILDINGS. No building shall be located on any lot closer than 60 feet to the front lot line, nor closer than 20 feet to the side and back lot lines. In no case shall any building encroach natural drainage or easement set forth on the plat.
E. OUTBUILDINGS STANDARDS. All outbuildings, corrals, and other structures shall, when commenced, be completed within a reasonable time and shall not be left in an unfinished or unsightly condition. The design, construction, and appearance of each outbuilding, corral, or other structure shall enhance the overall appearance and utility of the property and shall be compatible with the dwelling and natural surroundings. No outbuilding or other structure shall be located closer than 60 feet to the front lot line, nor closer than 20 feet to the back and side lot lines.
F. LANDSCAPING. All lots shall be improved by landscaping. Diverse kinds of landscaping shall be permitted using various shade trees, coniferous trees, ornamental trees, and shrubs which enhance the overall appearance of the property and are compatible with the natural surroundings. No vegetation for landscaping shall be used that is toxic to humans and wildlife such as woody shrubs in the yew family. Consumption of these non-native plants will produce a mortality event for wildlife. No lot shall be permitted to be overgrown with noxious weeds or left in an uncared-for or unattended condition. All lots shall be groomed and maintained. Agricultural use on lots is limited to family gardens and pastures. Once a residence has reached completion of the building of their home, the front yard at least must be fully landscaped within 18 months.
G. TRASH. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, salvaged or disabled vehicles, junk, or other waste. All trash or waste shall be kept only in sanitary containers and shall be disposed of at regular intervals in compliance with the health standards of the State of Idaho.
H. ANIMALS. No pigs, of any kind, shall be kept on any lot. A total of 2 dogs and 2 cats may also be kept per lot. No animal shall be permitted on any lot unless such animal shall be confined to such a lot by barn, corral, fence (see fencing requirements), tether, leash, training, or similar restraint or confinement so as not to trespass on any other lot. The owner of any lot from which such animal trespasses shall be strictly liable for any damages caused thereby. It is the owner’s responsibility to keep all buildings, structures, and pastures for these animals properly cleaned, maintained, and safe. All large animals must have adequate boarding facilities in order to prevent overgrazing.
I. FENCING. Some fencing designs are susceptible to entanglement or entrapment of animals, and in some cases, animals may collide with fences or be impaled on posts, ornamental tops, or other components. We recommend keeping fencing to a minimum beyond its use to protect landscaping or to minimize wildlife interactions with domestic animals. Fencing materials may include rock, finished wood, iron, and vinyl rail. Barbed wire, razor wire, and woven wire/chain link fences are prohibited. Fence height is limited to 7′ unless the County Permit allows for higher fences. All fencing shall be of new construction and shall be constructed in character with the buildings and other surroundings.
J. FEEDING WILDLIFE: Residents should expect to see elk, moose, and deer with possible sightings of coyotes, foxes, mountain lions, and other wildlife that may present potential conflict with homeowners. Providing food to wildlife has adverse consequences for wildlife and property owners. Feeding tends to attract and concentrate animals away from their native habitats, habituate animals to people, increase the potential for human-wildlife conflicts, facilitate the spread of disease and has the potential to create conflict between neighboring homeowners. Big game animals should not be fed under any circumstances unless specifically conducted or in cooperation with the Department of Fish and Game. Unsecured garbage, pet food, and livestock food have the potential to attract unwanted wildlife such as bears, big game, skunks, raccoons, and turkeys. We recommend storing pet food, livestock feed, and garbage in a manner that does not attract wildlife.
K. IRRIGATION AND IRRIGATION DITCHES: Tampering with, altering, using, or diverting water from, and/or dumping into any ditches, canals, or streams running through or near River’s Edge is strictly forbidden. Homeowners will be given specific engineered instructions on the usage of community irrigation systems. The pumps and irrigation lines will be installed, maintained, and repaired as necessary by the homeowners association. Community irrigation systems are subject to the availability of water in the Consolidated Canal. The access to surface water from this canal system is neither guaranteed nor completely consistent.
L. CLUTTER AND UNSIGHTLY MEASURES: RV’s, Camper Trailers, fifth wheel trailers, boats, and other similar recreational vehicles and trailers are not to be parked for more than 48 hours outside of any residence; they will be garaged or stored offsite. Never are storage containers, sheds, bully barns, or other non-permitted and non-permanent structures allowed on any lot within the subdivision.
Holiday lights and exterior decor must be approved by the Board. No exotic inflatable, blinking signs, structures, or large decorations are allowed on homes or in yards. Homes, buildings, bushes, trees, or anything else on the lot must be removed by month end in which holiday falls and may not carry over into subsequent days or months unless permanent Christmas lights are tasteful, minimally noticeable, and therefore approved by the Board.
M. PARKING: Subdivision roads are not to be used for parking. All cars of owners and visitors are to be fully pulled into driveways or parked in alternate places to maintain clear flows of traffic and safety.
N. DOMESTIC WATER: Each lot owner will drill and maintain at the owner’s own expense a domestic well located on his own lot. No well shall be drilled and constructed unless a permit has first been obtained from the appropriate agency of the State of Idaho and all wells shall be in compliance with the rules and regulations of the State of Idaho.
O. SEWER SYSTEM. Until such time as it is required to hook into a public sewer system, each lot shall have its own individual sewage disposal (septic) system. Each system shall be located, constructed, and equipped in accordance with standards, rules, and regulations of the Idaho Department of Health, East Idaho Public Health, or other applicable agency.
P. CONSTRUCTION AND EFFECT. The provision of the above covenants and constrictions shall be liberally construed to effectuate the purpose of creating a mutually beneficial plan for the development and maintenance of a well-maintained and mutually compatible residential area. A majority of the lot owners shall have enforcement authority and power over all lots less than two acres in size. Enforcement of these protective covenants set forth herein shall be by proceedings at law or equity against a person or persons violating or attempting to violate any covenant: either to restrain such violation or to recover damages. A lot owner found to have violated any covenant shall be liable for all costs and attorney’s fees incurred by the enforcing lot owners. In the event that any provision, be declared invalid, the remaining provisions shall remain in full force and effect.
Q. DURATION AND AMENDMENT. These covenants are to run with the land and shall be binding upon all parties and all persons claiming ownership of any lot within the subdivision. These covenants may be amended by the approval of the majority (One more than 50%) of the then-existing lot owners (each lot receiving one vote.)
R. ARCHITECTURAL STYLE. Exceptionally bright home colors like reds, greens, pinks, yellows, etc shall not be allowed. Exterior paint for all siding, board, trim, gutters, and garages should be neutral in color. No vinyl siding is allowed. The home exterior style must be compatible and in harmony with existing homes, and the natural beauty of Rivers Edge. The final determination of whether a style of home or specific home design is acceptable resides with the AC/Board. Regarding new home construction, applications are reviewed as expeditiously as possible, but the AC may take up to 30 days to issue a written response. The applicant will be notified in writing of approvals or denials. Owner applicants denied plan approval may make changes to their construction plan and reapply without limitation. Construction shall not start until the Owner receives written approval from the AC.
S. ADJACENT LAND PARCELS.
Owners of southwest parcel “unplatted” have rights and may use all amenities such as pond, walking paths, etc and have access to their adjacent land via subdivision roads.
T. LIABILITY.
Developers are not to be held liable for any human or animal injury/accident occurring in subdivision or surrounding lands and waterways including pond, walkway, river, etc.
Developers are not to be held to exactness for any changes to pond size and shape, walking path layout or community space. These are subject to change based on factors that may arise during development.
River's Edge 