Deed of Restrictions
The Rivergate HOA Deed of Restrictions were put in place to keep our neighborhood beautiful and prevent property values from plummeting. If you are considering purchasing a home in Rivergate, or already live here, please take a few moments to familiarize yourself with the Rivergate Deed of Restrictions to know and understand all the subdivision and township rules and regulations.
For a list of Clinton Township Ordinances, click here.
Rivergate Subdivision Rules and Regulations Taken from Rivergate By-Laws,
Covenant for Subdivision Open Space Plan, Declaration of Restrictions,
and Declaration of Covenants, Conditions and Restrictions
Membership in the Homeowners’ Association.  
Membership in the Homeowners’ Association shall be mandatory for each home buyer and any successive owner of residential lots in the subdivision.
 Homeowner Association Sponsored Events.  
The Homeowners’ Association sponsors a subdivision-wide annual garage sale. This event has historically occurred in the month of May each year and is advertised in local newspapers. The board will notify the residents of the garage sale dates in the spring newsletter and will send another reminder (via flyer) in early May.
The Homeowners’ Association also sponsors a Halloween Parade each year, including snacks and drinks for your little goblins. In the past, our parade has included a marching band, clowns, fire trucks, and more recently a classic car event. We hope to see you participate in these events!
The Homeowners’ Association sponsors a newsletter which is sent out via registered mail in April and October. Comments, articles, recipes, and local want ads from residents are welcome and encouraged.
Annual Dues.
Each member is obligated to pay to the Association annual and special assessments. Annual fees for the current year are due January 31st of the current year. Annual or special assessments not paid when due shall be delinquent. If not paid within thirty (30) days after due date, the obligation shall bear interest from the date of delinquency at the rate of seven (7%) percent per annum. The Association may bring an action of law against the owner personally obliged to pay the same, by filing and possibly foreclosing a lien against the property. All associated costs and reasonable attorney fees of any such action shall be added to the amount of the assessment. No owner may waive or otherwise escape liability provided herein by non-use of the common area or abandonment of his lot.
Annual dues notifications are sent via 1st class mail to residents in late December of the preceding year. A reminder is also printed in our fall newsletter. Filing liens on behalf of the Homeowners’ Association is the last thing our board wants to do; however, if reasonable attempts to collect are unsuccessful, the board would have no choice but to follow the course of lien action.
A $25.00 return check fee as well as current bank non-sufficient funds (NSF) charges incurred by the Association will be charged for any NSF check.
Deed of Restrictions
Common Area, Park, Retention Area.  
The common area shall be used for the following purposes: Recreation of the residents and their families; to provide a place for leisure strolls through a natural area. All residents of the subdivision and subsequent additions and their guests accompanying said residents shall have equal access to the common area, subject to Association regulations.
Title to the park, common and retention areas shall be vested in the Association for the exclusive benefit of the owners and their guests, subject to the right and easement of enjoyment in and to such area by the owners. Such easement shall not be personal but shall be considered to be appurtenant to the lots, which easement shall pass with title to the lots, whether expressly set forth in deeds to the lots or not, subject to the following:
Control and jurisdiction over the park, retention and commons areas shall be vested in the Association. These areas shall be promptly maintained, repaired and improved as reasonably necessary.
The park area may be used for recreation by lot owners and their guests in accordance with the rules and regulations by the Association.
Notwithstanding that the park area is private, such area shall be subject to public enforcement of all of the ordinances of the Charter Township of Clinton and statutes of the State of Michigan to the same extent as if it were lands open to the public.
Common Area - Trees and Shrubs.  
The Homeowners Association encourages all homeowners to notify the Maintenance Committee of any concerns they have regarding trees located on the common grounds. The following is the policy pertaining to tree removal:
It is the policy of the Association through the Maintenance Committee to remove all trees located on the common property which are dead or dying and pose a threat to the property of a homeowner. In this instance property is defined as housing or out buildings. It is also the policy that the Association will not remove trees that are dead or dying that do not pose such a threat.
If a homeowner wishes to have a tree removed which does not qualify for removal by the Association, then that homeowner must seek permission from the Rivergate Board for removal. Such removal, if approved, would be at the homeowner’s expense. In addition, if new trees or shrubby are requested for replacement then approval is again required and this will also be at the homeowner’s expense.
Driveways and Sidewalks.  
No asphaltic concrete will be used for sidewalks or driveways.
No fence, wall, hedge, or shrubbery shall be erected, placed or altered on any lot nearer to the front street than the front building set-back line or nearer to the side street on corner lots than that which is allowed by the Clinton Township Fence Ordinance, as amended now or hereafter.
Fencing, which is open style such as split rail and no higher than four (4) feet is permitted in front of the rear building line of the dwelling unit. Fencing which is open style or of a decorative or painted or stained wood or ornamental wire is permitted behind the rear building line of the dwelling unit.
Garbage and Refuse Disposal.  
No refuse or garbage shall be dumped or left on any lot including but not limited to parking junk cars, dumping of junk, stumps, or brush. No exterior incinerators or other equipment shall be maintained on the premises for the disposal of rubbish or garbage, and no rubbish or refuse containers for curb side disposal shall be left outside other than as required for immediate refuse disposal. [Note: Clinton Township ordinance #1060 prohibits garbage and garbage containers being placed out any earlier than 7:00 p.m. the evening prior to garbage pickup.] See further township regulations in Township Ordinance section below.
All lots shall have a lawn installed and shrubbery planted by the owner within one (1) year after completion of a dwelling structure in order to eliminate or minimize surface erosion and to enhance the general appearance of the entire subdivision.
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 or nuisance to the neighborhood.
No animals, livestock, or poultry of any kind should be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes.
No sign of any kind shall be displayed to the public view on any lot, except one sign of not more than five square feet advertising the property for sale or rent, or signs used by a building to advertise the property during the construction and sales period. Such signs must be maintained in good condition at all times and removed on the termination of their use. Realtor signs and "open house" signs may be displayed on corners and at the front entrance on Sunday only, and must be taken down by 6:00 p.m. that evening. (Note: Political signs, contractor signs, and advertisement signs are not allowed.)
Temporary Structures.  
Tents, shacks, barns or any temporary building of any design whatsoever are expressly prohibited within this subdivision and no temporary residence shall be permitted in an unfinished residential building. No temporary structures, trailers, tents or other out-buildings shall be permitted for any reason except a party tent, upon any lot. No outside toilet facilities shall be permitted upon any lot. No party tent shall be permitted to remain in place for in excess of three (3) days. The provisions of this paragraph shall not apply to the developer or any builder during the period of construction of any residence or utilization of any residence as a model for display purposes.
Vehicles, Trailers and Boats.  
No semi-trailers, trailers, trucks (except "pick-up trucks"), mobile homes, campers, snowmobiles, motor bikes, motorcycles, boats, tractors, or commercial vehicles of any kind or any other motor vehicle, machine equipment or apparatus, other than an operating passenger automobile, shall be parked on any street or in any driveway or yard other than for a period of time not to exceed more than 48 hours, except for commercial vehicles or machines required to perform construction or repair on any such lot. All automobiles and vehicles must have current license plates within 60 days of the date of expiration of the previous year’s plates. [Note: See Clinton Township Ordinance below.]
Vacant Lots.  
Vacant lots shall be mowed as deemed necessary by the Association.
Enforcement of Restrictions
Abatement of Violations.  
Violations of any conditions or restrictions, or breach of any covenant herein shall give the parties, in addition to all other remedies, the right to enter upon the land as to which such violation or breach exists, and summarily to abate and remove, at the expense of the owner, any erection or other violation that may be or exist thereon contrary to the intent and provisions hereof, and the parties hereto shall not become liable in any manner for trespass, abatement or removal.
Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant either restrain violation or to recover damages. Failure to enforce any of the covenants herein contained shall in no event be deemed a waiver or the right to do so hereafter as to the same breach or as to a breach occurring prior or subsequent thereto.
Clinton Township Ordinances
Dog Control.  
License Required. No person shall own, maintain, keep or harbor any dog within the Township without first obtaining a license therefore as provided for by the Dog Law of 1919 of the State of Michigan and the regulations or orders of the Board of Supervisors of Macomb County.
Dogs Running Loose on Public Property.  
No owner or other person having the possession, care, custody or control of a dog shall permit such dog to run at large upon the public streets, walks, parks or other public places within the Township unless such dog shall be attached to a leash of sufficient strength to retain such dog in such manner as to be kept under the control of the person accompanying it.
Dogs Running Loose on Property of Persons Other Than the Owner.  
No owner or other person having the possession, care, custody or control of a dog shall permit such dog to stray beyond his or her premises unless such dog is under reasonable control of some person or engaged in lawful hunting, accompanied by his or her owner or custodian.
Barking or Howling Dogs.  
No person shall own, harbor or keep any dog which shall cause annoyance or disturbance to persons by frequent and habitual barking, howling or yelping.
Read the full Clinton Township Fence Ordinance here.
Garbage and Refuse Disposal.  
Clinton Township Ordinance #1060 prohibits garbage and garbage containers being placed out any earlier than 7:00 p.m. the evening prior to garbage pickup. Use plastic trash bags for regular rubbish. Metal or plastic trashcans, not to exceed 32 gallon capacity may be used, but must be used with plastic bags. Tie all plastic bags. Information regarding rubbish pickup can be found here. More regulations regarding garbage pickup can be found at the Department of Public Works refuge site.
Noise Ordinance.  
Violation of Clinton Township Ordinance #184 calls for a penalty not to exceed $100.00 or jail time not to exceed 90 days for violating the noise ordinance during the hours of 11:00 p.m. and 7:00 a.m.
Rivergate encourages recycling!! If you are unsure of Clinton Township's recycling procedures, you can find that information here.
Pursuant to the Clinton Township Building Department, a building permit is required for installation and construction of a shed, considered an "accessory structure" by the township.
Snow Removal.  
Public Act 82 of 1978 states that a person shall not deposit, or cause to be deposited, snow, ice or slush on any roadway or highway. Violators leave themselves open to fines and lawsuits for public liability and property damage. Please don’t shovel or snowblow the snow from your driveway onto the street.
Vehicles - Open Storage.  
Clinton Township Ordinance 260, Chapter 1298.09 states, "The open storage or parking of vehicles on one-family residential zoned land shall be subject to the following provisions: Recreation vehicles may occupy a required side yard or front yard for a period not to exceed 48 hours for loading and unloading purposes so long as such location does not obstruct the view of driveways or vehicular and pedestrian traffic from adjoining properties."
Maintaining Your Sidewalk.  
It shall be the duty of every owner of land within the Charter Township of Clinton to keep and maintain the sidewalk located upon the public right-of-way contiguous to such owner's property, or any other sidewalk located on such property of the owner that may be open to the public, in the following manner:
(a) Free from any and all defects of every kind and nature and maintained in a condition of repair.
(b) Free from any and all deposits of debris, rubbish or other objects which might or could be hazardous to persons using the sidewalk.
(c) Free and clear from accumulations of snow, sleet, ice and water.
(d) Free from obstructions encroaching from adjacent property, including, but not limited to, overhanging tree limbs, bushes and the like.
(e) Free from obstructions from adjacent property interfering with site distance lines, at driveways and other sidewalks intersecting such sidewalk. A clear and unobstructed site triangle must be created using as a base leg from the site obstruction to any sidewalk, or driveway or sidewalk intersecting such sidewalk, of fifteen feet.
The term "owner of land" shall mean the record owner as disclosed through records at the office of the County Register of Deeds and through the Township Assessor's office. In the event more than one owner is shown, all shall be jointly and severally liable for failure to comply with this section. (Ord. 195-A-2. Passed 5-7-90.)
Michigan Law
Mopeds and Gopeds.  
The issue of go-peds (motorized scooters and skateboards) has been clarified by the Michigan State Police. The "gopeds" are classified as "mopeds" and are regulated by sections 257.657 through 257.661 of the Michigan Vehicle Code. These motorized skateboards do not have a seat as required by the moped laws, which make them illegal to be operated on the roadway. They also are not to be operated on the sidewalk. The only legal place they can be operated is on "private property." Below are excerpts from the 2001-2002 Michigan Vehicle Code as it relates to mopeds:
Special restricted license to operate moped.  
A person, before operating a moped upon a highway, shall procure a special restricted license to operate a moped, unless the person has a valid operator's or chauffeur's license. A special restricted license to operate a moped may be issued to a person 15 years of age or older if the person satisfies the Secretary of State that he is competent to operate a moped with safety. The Secretary of State shall not require a road test before issuance of a special restricted license to operate a moped. 257.312a(2)
Duty of parent or guardian.  
The parent of a child or the guardian of a ward shall not authorize or knowingly permit the child or ward to violate this chapter. 257.656(2)
Rights and duties of persons riding bicycle or moped or operating low-speed vehicle.  
Every person riding a bicycle or moped or operating a low-speed vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to those provisions of this chapter which by their nature do not have application. 257.657
Riding on seat of bicycle, motorcycle, or moped.  
(1) A person propelling a bicycle or operating a motorcycle or moped shall not ride other than upon and astride a permanent and regular seat attached to that vehicle. (3) A moped shall not be used to carry more than one person at a time. (4) Any person less than 19 years of age operating a moped on a public thoroughfare shall wear a crash helmet on his or her head. 257.658
Riding while attached to streetcar or vehicle.  
A person riding upon a bicycle, moped or motorcycle, coaster, roller skates, sled or toy vehicle shall not attach the same or himself to a streetcar or vehicle upon a roadway. 257.659
Moped operation on a roadway; operation of bicycle or moped on sidewalk.  
(1) A person operating a bicycle, low-speed vehicle, or moped upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (2) A person riding a bicycle, motorcycle, or moped upon a roadway shall not ride more than 2 abreast except on a path or part of a roadway set aside for the exclusive use of those vehicles. (6) A moped or low-speed vehicle shall not be operated upon a sidewalk constructed for the use of pedestrians. 257.660
Carrying package, bundle or article on bicycle, moped or motorcycle.  
A person operating a bicycle, moped or motorcycle shall not carry any package, bundle or article which prevents the driver from keeping both hands upon the handlebars of the vehicle. 257.661