Association Syndicale des Proprietaires des Terres Basses

English translation of the
CAHIER DES CHARGES

As submitted and approved regulations of
the Terres Basses development at Saint Martin

Approved by order of the Prefect No. 63-2244
Dated October 21, 1963

This cahier des charges is for the purpose of fixing the rules and easements in the public interest imposed in the development and concerning especially the sites, the characteristics and nature of the buildings to be erected, their connecting roads and the upkeep of the properties.

DESIGNATION OF THE DEVELOPMENT

ARTICLE 1 – This cahier des charges applies to a real estate project that will be developed on a piece of property situated in a place called “Terres Basses”, Commune of Saint Martin. This property consists of the zone des pas geometriques , which was the object of a grant made by the State to Mr. Lawaetz , by deed dated June 11, 19 59, and of property acquired by Mr. Lawaetz by virtue of a deed dated August 26, 19 55.

ARTICLE 2 - The proposed development includes:

First Category: The number of lots amounts to 147. Lots numbered 1 to 59, 61 to 69, 71 to 77, 79 to 113, 190 to 194, 196 to 208, 210 to 218, 240 to 242, 244, 251 to 254, 333 and 334, intended to receive individual dwellings at the rate of one dwelling per lot.

Second Category: One lot numbered 177, intended to receive hotel and tourist establishments.

Third Category: 8 lots indicated by capital letters and intended ultimately for supplementary subdividing.

Each lot thus defined constitutes a separate piece of property. The remainder of the land (lots 60, 70, 78, 183, 260, 261, 184 and 185 and the road system) will be allocated to the collective usage of all the occupants of the development and placed as such either under the regime of the forced joint possession or under the ownership of the Association described in Article 25.

The project appears on a plan annexed to the order of approval by the Prefect, established on the basis of a topographical map drawn up by Mr. Charles L. Hillborn , Surveyor.

The marking out of the lot boundaries with permanent benchmarks will be accomplished by a licensed surveyor, at the expense of the purchasers.

SUBDIVISION OF LOTS

ARTICLE 3 – It is forbidden to redivide or parcel out the lands included in the First Category of Article 2. Property in the Second and Third Categories may be subdivided into lots after authorization delivered by the Prefect, pursuant to the provisions of the Decree No. 58-1466 of December 31, 19 58 on Developments. This operation will be carried out so as to conserve to the Terres Basses region its residential character: each lot other than those created from Parcel A shall not have less than one hectare (2 ½ acres). At such time wooded areas for collective use may be imposed.

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...Continuation

CONNECTING ROADWAYS OF THE DEVELOPMENT
AND ACCESS TO THE SEASHORE

ARTICLE 4 - The connecting roadways to the lots will be furnished:

a) by the common roads to the development approved by the Order of the Prefect No. 58-2285 of November 29, 19 58.

b) eventually by the new roads described in the present plan of this development.

The road conditioning work and the planting will be carried out according to the program approved by the Prefect.

ARTICLE 5 -- Access to the beaches from the roads described in the preceding article will be provided by lots 60, 70, 78, 183, 260 and 261 of the development plan, which will be laid out in wooded spaces and will contain a road for access to the beach and parking lots for automobiles, following the provisions of the annexed plan.

ARTICLE 6 - All the roads and means of access described in Articles 4 and 5 above will be forever open to public traffic, without any restriction.

ARTICLE 7 - Along the border of the seashore and of Simson Bay Lagoon there shall be a reserved public passage three meters wide measured from the edge of the public seashore property toward the interior of the development. This passage must be free of all obstacles and laid out in such a way as to permit pedestrian traffic to the exclusion of any vehicle.

SITE AND EXTENT OF BUILDINGS

ARTICLE 8 – Buildings for individual residential use will be situated at a minimum distance of at least 15 meters from the property line and 25 meters from the borders of public roads.

ARTICLE 9 - The construction of buildings auxiliary to the dwelling, such as garages and maid's rooms, is allowed within the limit of ordinary needs and provided that the distances of separation described in the preceding article are respected.

ARTICLE 10 – The buildings covered by Articles 8 and 9 above must be single storied only. Nevertheless, if the terrain allows, a partial basement will be allowed for use for utility installations. Moreover, derogations may be accorded by the Prefect in connection with the building permit for an additional story, if the conditions at the location permit.

ARTICLE 11 – The area proposed to be covered b y the dwelling houses and their annexes shall not exceed 5% of the area of each lot.

ARTICLE 12 – Constructions intended for a use other than residential are subjected to the provisions of Article 8 and 11 above. Nevertheless exceptions for good reasons can be granted by the Prefect by way of the ruling on the building permit, and on the concurrence of the Association described in Article 25 below.

   
Continue ARTICLES 13-28

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