These Guidelines were approved and adopted on August 25, 2001 by the Board of Directors of Lakewood Crossing. The Guidelines you are about to read are simply that; they are guidelines. It is important to remember they may change from time to time. When submitting or planning a project you will always find the latest version of the Guidelines on the community web site or a printed copy will be mailed to you from the managing agent at a cost of $5.00. These Guidelines were formed over the last three months through many meetings and phone calls between the Architectural Guideline Committee, the Board and the management company. We used six different community architectural Guidelines and adapted these to our Deed Restrictions and the precedents set in our neighborhood.
It is important to remember that the Deed Restrictions and By-Laws are the ultimate governing documents of our association. These Guidelines are set to give further clarification on different areas of the Deed Restrictions. They are designed to make it easy for the member to plan and understand what the construction guidelines are before they submit an Architectural Control Form (ACF). They are by no means all encompassing and do not cover every situation or circumstance or requirement.
When considering a project for your home it is important to remember that each project most likely requires an ACF (consult the Guidelines or Deed Restrictions) and will be considered on its own merits. You will need to submit this form and approval must be obtained before the commencement of any work. When planning your project please do not make reference to another homeowner�s situation. There were several situations that required us to grandfather certain projects when the current Board took control from the developer and his Board. The previous Board approved these situations although outside of the Deed Restriction requirements and these Architectural Control Committee Guidelines. Currently, we follow the Deed Restrictions and make consistent decisions in an effort to maintain the community and property values.
Please feel free to give us feed back on these Guidelines. The Architectural Review Committee (ARC) is willing to entertain any ideas or answer any questions. The easiest method of feedback is to put the comment in writing, sending it to the managing agent. Please mark your comments to the attention of Lakewood Crossing ARC.
We look forward to continuing to serve the community and we thank you for your support.
The Board of Directors
Lakewood Crossing Homeowners Association, Inc.
The undersigned, being all of the members of the Board of Directors of Lakewood Crossing Section One Homeowners Association, Inc., a Texas non-profit corporation ("the Association") and its Architectural Review Committee ("ARC"), do hereby certify that at a meeting of the Board of Directors of the Association and its ARC, duly called and held, the following Guidelines were unanimously made and adopted:
WHEREAS, the Association, acting through its Board of Directors, and the ARC desire to exercise the authority granted to it by the provisions of the Covenants, Conditions and Restrictions applicable to Lakewood Crossing, Section One, ("the Declaration") to maintain the harmonious and architectural design of the subdivision in accordance with the provisions of the Declaration; and
WHEREAS, the Board of Directors of the Lakewood Crossing Homeowners Association expressly creates the ARC for the specific purposes set forth below; and
WHEREAS, the Declaration provides that no buildings, additions or improvements of any kind shall be erected or placed on any lot until the construction plans and specifications including, but not limited to, site layout, building location, building materials, colors and elevation, survey, have been submitted to and approved in writing by the ARC; and
WHEREAS, the Board of Directors of the Lakewood Crossing Homeowners Association further provides that the ARC shall have the discretion to approve or disapprove plans and specifications for buildings, additions or improvements on the basis of color, quality of building materials, lot size and harmony of external design with existing structures; and
WHEREAS, the Board of Directors of the Association and the ARC desire to establish Guidelines with respect to the type, quality and color of exterior additions and improvements on lots within Lakewood Crossing, to be followed by the ARC, so that a harmonious exterior design within the subdivision is consistently maintained;
NOW, THEREFORE, the Board of Directors of the Association and the ARC hereby adopt the following Guidelines relating to buildings, additions and improvements on lots within Lakewood Crossing, which Guidelines have been created to give the property owner an idea of how the Deed Restrictions within Lakewood Crossing will be enforced. These Guidelines have been prepared for some of the Deed Restrictions, but not all of the Deed Restrictions that are in the Covenants, Conditions and Restrictions of Lakewood Crossing. The Covenants that are on file in the Real Property Records of Harris County, Texas are the governing documents; therefore, they should always be referred to and followed by each property owner.
| Association | Lakewood Crossing, Section One Homeowners Association, Inc. |
| ARC | The Architectural Review Committee of the Association. |
| Board | The Board of Directors of the Association. |
| Declarant | The creator of the Declaration and developer of the subdivision, Cypress Creek Properties, Ltd., and Harry J. Glauser, III. |
| Deed Restrictions | The Declaration of Covenants, Conditions and Restrictions for Lakewood Crossing, Section One. |
| Guidelines | Rules, standards and procedures established by the ARC pertaining to buildings, additions, or other improvements in Lakewood Crossing. |
| Managing Agent | The management company designated by the Board to perform certain management duties for the association, not limited to deed restriction enforcement. |
| Member | An owner of a lot as recorded in the real property records of Harris County. |
| Lakewood Crossing | Section One of Lakewood Crossing subdivision, to which the Declarations apply. |
| Protective Covenants | The Declaration of Covenants, Conditions and Restrictions for Lakewood Crossing, Section One. |
The purpose of architectural control is to keep the community attractive for the enjoyment of residents and for the protection of property and property values. The Declaration authorizes the ARC to establish rules, standards and procedures for the orderly development of the subdivision and requires homeowners to obtain written approval from the ARC for any buildings, additions or other improvements to their property. This is to ensure that the improvements comply with the provisions of the Declaration and are in harmony with existing and proposed structures.
These Guidelines have been established to assure uniform and fair application of the Declaration and are intended to provide all lot owners in Lakewood Crossing with information about: the type, color, quality of materials which may be used in the construction or various kinds of improvements; the size and locations of such improvements; and information about the procedures used by the ARC in reviewing applications for proposed improvements:
The ARC reserves the authority to review and approve applications for buildings, additions, or improvements which are not explicitly described by these Guidelines, and to consider additional Guidelines in the review process whether published or not. These Guidelines may be amended by the ARC, as it deems necessary and appropriate. It is the responsibility of the Member to obtain the current Guidelines before submitting an application.
1.1. Submission
All
applications for approval to make any exterior changes, additions or
improvements must be submitted to the ARC through the managing agent in writing
by completing the application form currently in use by the ARC, or such form as
may hereafter be adopted by the ARC. Plans, specifications and samples for any
exterior change, addition or improvement should be attached to the application.
The application should be supported by the following information:
1.1.1. Drawing(s) of the proposed structure showing the top, front, side and rear exterior views; overall dimensions (length, width, height) of the structure; and the layout and dimensions of supporting structures (i.e., beams, rafters, trusses, etc.);
1.1.2. A copy of the official survey of the Lot showing location of the easements, existing buildings and structures, and the proposed location of the improvement with measurements to the lot lines;
1.1.3. A description of all materials used, including product name, model number, size, color, etc. Color samples (i.e. "paint chips") for all colors to be included; and samples of building materials attached;
1.1.4. As noted on the home improvement request, the ARC has up to 30 days to respond to a given request after receipt of completed application. Unless there is an emergency requiring urgent approval, we will adhere to the 30 day time-frame.
1.1.5. The 30 days does not begin until the managing agent receives a fully completed application. The ARC normally meets once a month.
The ARC reserves the right to request additional information deemed to be necessary to properly evaluate the application. In the event that the ARC requests additional information and such information is not submitted to the ARC by the applicant in a timely manner (so that the application may be approved or disapproved within thirty (30) days of its receipt), the application shall be denied. However, the applicant may thereafter submit a new application with the requested information to the ARC for its review. All applications shall be mailed or delivered to the office of the managing agent of the Association.
1.2. ARC Decisions
ARC committee members shall
consider each application for compliance with the restrictive covenants of the
Declaration and with these Guidelines. The decision of a majority of the
members of the ARC to approve or disapprove an application shall be considered
the decision of the ARC. ARC
decisions shall be conveyed in writing to the applicant through the managing
agent of the Association and shall include a statement of the conditions under
which the application is approved, if any, or the primary reason(s) for
disapproving the application. In
accordance with the Declaration, any application that is not approved or
disapproved within thirty (30) days of the date of its receipt by the managing
agent shall be deemed to have been automatically approved provided, however,
that (i) any such approval shall extend only to architectural Guidelines and
not to any of the use restrictions set forth in the Declaration and (ii) in no
event shall non-action be deemed to constitute approval of an application for
any change, addition, or improvement or any other item that would violate the
restrictive covenants in the Declaration. Unless otherwise stated in the ARC�s
written response, all approved exterior changes, additions, or improvements shall
be completed by the expected completion date as noted on the application.
1.3. Any items that have not been specifically addressed in the Lakewood Crossing Covenants and these Guidelines require approval by the ARC.
1.4. ARC Appeals
In
the event that the ARC disapproves an application, the applicant can submit
another application with any additional information or changes that the
applicant considers relevant.
2. General Guidelines
The ARC
shall consider the following factors upon the review of each application for an
exterior change, addition or improvement:
2.1. The quality of construction and materials, colors, exterior design (elevations), size (dimensions), and location must be harmonious with existing and other proposed structures.
2.2. The location must not violate the building set back lines, utility or drainage easements as shown on the official recorded plat, nor obstruct driver�s vision at street intersections. The ARC cannot grant permission to place an improvement upon or across any easement.
2.3. Improvements other than the main residence and garage may not exceed eight (8) feet in height (except as otherwise provided by the Declaration or Guidelines).
2.4. Improvements which exceed two (2) feet in height may not be located closer to the front lot boundary line than the front of the main residence or garage (except as otherwise provided by the Declaration or Guidelines).
2.5. Alterations to property, which may become an annoyance or nuisance to the neighborhood, are not permitted.
The ARC shall also consider the provisions of the Declaration and of applicable statutes, ordinances, and building codes. However, approval of an application shall not be construed as a warranty or representation by the ARC that the change, addition or improvement, as proposed or as built, complies with any or all applicable statutes, ordinances or building codes, or as a warranty or representation by the ARC of the fitness, design or adequacy of the proposed construction.
3.�Fences and Gates
If reconstruction differs from
original structure, written consent of adjoining property owner must be
obtained and submitted with the application for ARC approval.
3.1.�Wrought Iron Fences and Gates
Wrought iron fences and gates must be painted black.
Rust and/or corrosion must be removed immediately. Wrought iron
fences and gates must be replaced with wrought iron
unless otherwise approved by the ARC.
3.2.�Driveway Gates
Driveway gates must be wrought iron only.
Driveway gates may not be constructed on a lot forward
of the front line of the main structure of the house.
As a result of the installation of a driveway gate,
if any additional fencing must be installed along the side or front
property line, that fencing must be either 6� wrought iron with an evergreen
hedge or a two-sided good neighbor fence. Driveway gates are not permitted on
front-loaded garages and swing-in garages.��
ARC approval must be obtained.
3.3. Cedar Wood Fences and Gates
No portion
of a wood fence on a lot may be painted without prior ARC approval.
Painted wood perimeter fencing will not be
approved. Staining of fences is not
allowed unless prior approval is obtained from the ARC. A stained cedar wood
sample must be submitted with application for review to assure that the cedar
wood stain is harmonious with the color scheme established for the
subdivision. Wood fences must be
replaced with cedar wood fencing unless otherwise approved by the ARC.
3.4. Good Neighbor Fences
A good
neighbor fence is defined as six feet high and constructed of 1"x 6" vertical
cedar pickets and 4 x 4 pressure treated vertical wood posts. A 2 x 4 horizontal cross member is required
for stability. The direction the panels
face alternates in six-foot lengths.
3.5. Chain Link and Wire Fences
There shall be no chain link or wire fences except at the
rear of the 100-foot lots as defined in the Declaration (the lots on the east
side of Lakewood Crossing Blvd.).
3.6. Setback Lines
Fences may
not be constructed on a lot forward of the front line of the main structure.
3.7. Maintenance of Fences
Pickets,
rails, or bars that are broken, warped, bent, sagging, mildewed, infested with
termites or which have otherwise deteriorated must be repaired or replaced
immediately. All wood fences, which are stained, and wrought iron, which are
painted, shall be properly maintained to prevent cracking, chipping, fading or
mildewing.
3.8. Breezeway Fences
Painted breezeway fences located between the house and detached garage
may be approved if the color matches the paint on the house and garage
to which it is attached.
3.9.�Height of Fences
All perimeter fences shall
be six feet (6�) in height. Fences between the house and garage may be between
four to six feet (4-6�); however, wrought iron fences between the house and
garage may be eight feet (8�).
3.10.�Attachments
No structure may be affixed to a
fence unless otherwise approved by the ARC.
4.1. An application for the construction of a swimming pool, spa or jacuzzi must include a copy of the survey and a plot plan showing the proposed location of the swimming pool, spa or jacuzzi in relation to the property lines, building lines, existing structures and existing or proposed fences. Exact footage and measurements must be marked on the survey and plot plan. If any trees are to be removed or relocated, this must also be noted, as well as the addition of any outbuildings, etc.
4.2. The application shall also include a timetable for the construction of the pool, spa or jacuzzi.
4.3.�There shall be no above ground pools.
4.4. MINIMUM SIDELINE SETBACK IS FIVE (5) FEET. THE SETBACK IS MEASURED FROM THE OUTSIDE WALL OF THE POOL. NO CONSTRUCTION IS TO ENCROACH INTO THIS SETBACK.
4.5. THE POOL SHALL NOT ENCROACH ON ANY EASEMENT.
4.6. The construction of all swimming pools must be in compliance with the National Electrical Code, city codes, and Municipal Utility District Code, and must include the installation of a ground fault circuit interrupter.
4.7. The pool shall comply with the current Standard Swimming Pool Codes unless otherwise specified herein.
4.8. POOL EQUIPMENT SUCH AS FILTERS, PUMPS, ETC., MUST NOT BE VIEWABLE FROM ANY STREET AND/OR GREENBELT. ALL PUMP AND EQUIPMENT ENCLOSURES MUST ALSO BE APPROVED.
4.9.�Spas and jacuzzis must also have an adequate drainage system according to the requirements of any governmental agency having jurisdiction or, in the event there is no governmental agency having jurisdiction, as deemed appropriate of the ARC. Under no circumstances shall water from a swimming pool, spa or jacuzzi be permitted to drain onto the surface of an adjacent lot or greenbelt.
4.10.�Backwash must drain into the storm sewer and is not permitted to drain into the sanitation sewer because of the destruction of the MUD treatment plant. This is per MUD #286.
4.11. No swimming pool, spa or jacuzzi shall be approved unless the area in which the pool, spa or jacuzzi is to be located is enclosed by a six-foot (6�) fence constructed of cedar wood or of wrought iron. A construction fence sufficient to prohibit entry by children shall be provided at all times. Gates must be kept closed at ALL times for safety.
4.12.�All excavated material must be totally removed from the Lakewood Crossing neighborhood immediately.
4.13.�CONSTRUCTION ACCESS IS LIMITED TO THE APPLICANT�S PROPERTY. Any damage done to Association property or neighbors� property shall be restored to the original condition as judged by the ARC and/or neighbor.
4.14.�No building materials or contractor�s equipment shall be left on the street overnight.
4.15.�No contractor�s advertisement signs are to be located on property. All contractor fencing must be installed after the completion of each day.
4.16.�The pool contractor and homeowner are responsible for establishing proper drainage of the lot and deck areas during and after pool construction. No swimming pool, spa or jacuzzi shall be constructed in a manner to impede drainage on a lot or cause water to flow on an adjacent lot.
4.17.�Any above ground lights shall not be directed toward neighbor�s property, public street or greenbelts.
4.18. By approving a request for construction of a swimming pool, the ARC is not endorsing the specific named contractor. The ARC does not attempt to screen, nor qualify the various firms contracting with individuals. The ARC does encourage applicants to investigate the contractor�s background and financial responsibility before executing a contract.
5. Outbuildings
5.1 General Rules
Any type outbuilding, which
exists on a lot but is not attached to the residential dwelling on a lot, other
than the dwelling itself or a detached garage, shall be considered an
outbuilding, including tool and/or storage sheds. Materials should match
those of the main residence in both size
and color; however, the ARC may approve small prefabricated storage buildings
providing the color blends with the main residence.
5.1.1. Metal outbuildings shall not extend above the top of the fence line. All metal outbuildings shall be securely anchored.
5.1.2. An outbuilding shall be located in the backyard of the lot inside the fence. The outbuilding shall not be affixed upon easements. The structure must be set back five feet (5�) from property lines and must be located out of street view.
5.2.�Gazebos
For the purposes
hereof, a gazebo shall be defined as a free standing, open framed structure
with lattice-type walls, whose purpose should not be for any type of storage.
These typically are circular or octagonal shaped structures. There are two approved
types of gazebos.
5.2.1.�Conical-shaped (Peak) roofed gazebos
These gazebos cannot exceed twelve feet (12�) in height
(height measured from the ground) and the horizontal supports cannot exceed
eight feet (8�) from the deck level. Decks shall not exceed two feet (2�) in
height (height measure from the ground).
5.2.2. Flat lattice (Arbor-type) roofed gazebos
These cannot exceed ten feet (10�) in height (height measured from the ground) and
the horizontal supports cannot exceed eight feet (8�) in height from the deck
level.
5.2.3. For both structures, the footprint area is limited to one hundred (100) square feet (typically 10� by 10�).
5.2.4. All gazebos must have a permanent roof with materials as set forth in the Declaration and these Guidelines. The materials used in construction of the gazebo shall be harmonious with the standard, type, quality and color used in the construction of the main residence of the lot.
5.2.5. Louvered or trellis style gazebo roofs may be stained or painted.
5.2.6. Electricity may be permitted upon approval and according to the National Electrical Code. All pipes and cables must be underground.
5.3.�Children�s Play Structures
For the purposes
hereof, a children�s play structure shall mean any type of children�s
playground equipment, swing sets, play sets, climbing structure, slides, or
raised play forts.
5.3.1. The maximum height for a play structure is twelve feet (12�) at the peak.
5.3.2. All playground equipment on a lot must be placed at the rear of a lot behind a fence or otherwise screened from public view.
6.�Patio Covers
6.1. The standard, type, quality and color of the materials used in the construction of a patio cover must be harmonious with the standard, type, quality and color of the materials used in the construction of the main residence; provided, however, that corrugated roofs for patio covers shall not be permitted under any circumstances.
6.2. If siding is used on patio covers, it must be of the same type, quality, and color as the siding on the main residence. Roofing materials on patio covers shall conform to the provisions relating to roofing materials set forth in the Declaration and these Guidelines.
6.3. Louvered or trellis style patio cover roofs may be allowed as long as the quality of materials is approved.
6.4.�Pressure treated wood may be stained or clear coat provided the color shall conform to the provisions relating to painting set forth in these Guidelines.
6.5. Any patio cover that is not attached to the house shall be subject to the Guidelines set forth herein for gazebos.
6.6.�Patio covers must be of all the same wood; either pressure treated or cedar, but not a combination.
6.7.�The location of a patio cover must not encroach on any utility or drainage easement, nor shall it violate the building set back lines applicable to the residential dwelling on any lot. Patio covers must not interfere with drainage or cause water to flow onto any adjoining lot.
6.8. All patio covers must be adequately supported and constructed of sturdy materials so that the patio cover has no visible sagging or warping. This also applies to any lattice attached to the sides of the structure.
6.9. Patio covers, which are attached to the house, shall be securely attached at a height not more than fifteen feet (15�) from the ground. Patio covers which are attached to a detached garage or breezeway must be securely attached at a height below the eaves of each structure.
6.10. If any portion of the patio has a peaked or cone-shaped roof, that portion of the patio cover must also comply with the Guidelines for conical shaped (peaked roofed) gazebos, including Guidelines for size, location and height.
7.�Patio Enclosures
A "patio enclosure" is any patio cover which has
exterior walls and/or screens (other than sun rooms as defined in these Guidelines).
7.1. All structural components of patio enclosures, including roofing material, shall be subject to the Guidelines set forth herein for "patio covers". This section describes additional requirements for walls, screens and frames used to enclose a covered patio or deck.
7.2. The standard, type, quality and color of the materials used in the construction of a patio enclosure must be harmonious with the standard, type, quality and color or the materials used in the construction of the main residence.
7.3. Exterior walls of a patio enclosure shall be constructed of brick or siding which is of the same type, quality, and color as those of the main dwelling on the lot.
7.4. No visible part of the enclosure may be made of metal other than screens, frames, and storm doors.
7.5. Patio enclosure screens must be the same color as existing window screen on the main dwelling and must have adequate cross-member support to avoid sagging.
7.6. The exterior color of doors, sills, beams, frames, or other visible supports must match the exterior colors of the main dwelling or the color of existing window frames.
8. Decks
All decks must be approved
with respect to location and the standard, type, color and quality of the
materials used in construction. No deck
shall impede drainage on the lot or cause water to flow on to an adjacent
lot. Decks shall have a height maximum
of two feet (2�) from the ground.
8.1. Decks may only be located in the back yard.
9.�Sunrooms
A sunroom is any room with glass-enclosed walls or a
glass ceiling.
9.1. The ARC may reject any application to construct a sunroom on a lot on the basis of its overall design and conformity with existing structures regardless of whether or not the proposed sunroom complies with the technical specifications set forth below.
9.2.�Applications must be accompanied by a detailed scale drawing or blueprint showing the three dimensional relationship of the sunroom to the existing structure. Applications must also include the survey and a plot plan with exact footage and measurements, showing the location of the sunroom in relation to all lot boundary lines, the residence, the easements and the building setback lines. Applications must also include a detailed material list and include the name, address, and business phone number of the con�tractor or installer. Applications may be rejected for failure to provide any of these required items.
9.3.�Supporting structural members must be of a color and shade similar to and harmonious with the exterior color of the residence. Glass must be tinted in a shade compatible with the exterior of the residence. No metallic or direct reflecting style shading/tinting of the glass will be permitted. Applicants may be required to submit actual samples of the glass with the proposed shading/tinting material applied for approval.
9.4.�Only safety glass will be permitted for the panes. No fiberglass, plexiglass, plastic, acrylic, mesh, or other materials will be allowed.
9.5.�The roof of a sunroom must have a minimum pitch of 1� per 12� of projection. The sunroom may not project more than 20� measured from the rear facing plane of the residence. The sunroom may not project beyond either side-facing plane of the residence. A sunroom may not encroach on any existing setbacks or easements.
9.6.�Sunrooms are only permitted as ground structures. The maximum height of the roof, measured from the concrete floor, may not exceed either 12� or the height of the eaves of the wall that the sunroom projects from, whichever is lower.
9.7.�If ceiling lighting is installed, it must be focused downward. Any electrical plug outlet installed within the trusses/glazing supports must be of the UL approved Ground Fault Interrupt (GFl) type.
9.8.�Sunrooms may not have turbine-type or forced fan roof ventilators installed.
9.9. Sunrooms may not have exposed air conditioning or heating ductwork installed on the exterior thereof. Vents must be attached to the main residence. No ductwork shall be visible.
9.10. Window coverings are not required. However, only interior coverings will be permitted; there shall be no exterior covering of the sunroom glass allowed.
10.�Exterior Lighting
All exterior lighting must be approved by the
Architectural Review Committee or be in compliance with standards issued by the
Architectural Review Committee. The
following will not be permitted: colored Iighting, exposed transformers and wiring, "spill over" lighting
onto neighboring yards, neighboring properties, streets or public spaces.
10.1.�Security Lighting
Security lighting shall be permitted with the ARC�s approval.
10.1.1.�Lights that are dimmed shall be judged by their full wattage.
10.1.2. Incandescent, reflector, down-directed or flood lights are preferred over high-intensity discharge lighting.
10.1.3. All security lighting shall be mounted behind the back plane of the house or garage.
10.1.4. No security light fixture shall be allowed above the eaves of the house or garage.
10.2.�Landscape Lighting
Exterior
landscape lighting shall be permitted at ground level so long as the lighting
is located at ground level only and restricted within flower beds, shrubs
and/or trees and all of the wiring is buried.
10.3�Gas and Electric Lights
One gas or electric light
per lot shall be permitted provided that the pole is not taller than 6� and the
lighting color is white with ARC approval.
10.4.�Annoyances
The ARC and the Board
reserve the right to require the removal or modification of any lighting that
it reasonably determines to be annoying to neighbors.
11.�Painting
11.1. Harmonious Colors
The proposed colors must be
harmonious with each other and with the colors of exterior brick and roofing
material, and must be approved by the ARC.
11.2.�Principal Colors of Dwelling
The principal color of the dwelling and garage situated on a lot,
including the garage door, must be a muted earthtone and must not be the same
color as any adjacent or facing dwelling on a neighboring lot.
The ARC may approve similar paint colors on
neighboring structures in cases where the brick or accent colors are
substantially different from those of the neighboring structure.
There is a maximum of three (3) colors per
residence. A wood stain will count as a
color. Pastel and primary colors are
prohibited.
11.3.�Trim
Soffit, fascia board,
window and door trim and rain gutters must also be an earthtone color; however,
the shades of trim color may be deeper than the principal color of the dwelling
or garage.
11.4.�Gutters
When rain gutters are
painted, their color must match the color of the fascia board trim. When the "maintenance-free" gutters are installed or replaced,
their color must match (as closely as possible) the fascia board trim or
previously approved existing gutters.
11.5.�Accents
Shutters,
the side panels of doors and windows and the exterior surfaces of doors may be
painted any acceptable earthtone color.
11.6.�Condition of Paint or Stain
All painted and stained surfaces, including doors, must be maintained.
12. Roofing Materials and Additions
12.1.�Materials
12.1.1. A sample of the proposed shingle to be placed on any existing roof or any new improvement must be attached to each application submitted to the ARC. The proposed shingle must be of an acceptable type and quality and its color harmonious with the color scheme established for the subdivision. Wood shingles are not allowed.
12.1.2. For new construction, the roofing material must be harmonious with the existing dwelling. The color of each roofing material must be an acceptable shade of an earthtone color.
12.1.3. Minimum 220 lb. per square, 20-year warranty.
12.1.4. Maximum 300 lb. per square, 30-year warranty.
12.1.5. Copper roofing and standing seam metal is permitted over bay windows and porches. Roofing must be a complimentary color to the residence.
12.1.6. All exposed roof metal must be located to the rear or side slopes of all buildings away from public rights of way and painted to match the roofing material. Roof metal must be kept to a minimum.
12.1.7. Breezeway roofing material must be the same as the residence.
13. Basketball Goals
13.1. Materials, Approved Mounting Methods and Locations
13.1.1. Basketball goals shall be mounted either (1) on the garage wall or roof with the backboard parallel to the garage opening, (2) on the garage-to-house breezeway cover, or (3) on a rigid steel or aluminum pole on the side of the driveway.
13.1.2. Wooden poles shall not be permitted.
13.1.3. Basketball poles must have a manufacturer�s weather resistant finish and be either black or white. The backboard supports may be of wood, steel, or aluminum, but they must be painted to a color comparable to the existing trim or roof color � depending upon mounting location.
13.1.4. The backboard material must be fiberglass, safety glass, or standard manufacturers� clear plastic resin (such as acrylic or nylon).
13.1.5. The rim must be of heavy gage steel and either non-fluorescent orange or black in color. The net must be white nylon or cotton.
13.1.6. A pole mounted goal must not be within ten (10) feet of the adjoining neighbor�s amenities (air conditioning unit, shrubbery, gas meter, etc.) unless properly protected (i.e., by fence or shrubbery) or unless written consent of the neighbor is obtained. No pole-mounted goals will be allowed along the neighbors adjoining side of a driveway if the neighbor�s lower story house window(s) are exposed.
13.1.7. The basketball goal backboard, net and post must be maintained in usable condition and kept in acceptable appearance.
13.1.8. Basketball goals not maintained will be required to be removed.
13.1.9. Only one basketball goal per lot will be permitted.
14.�Antennae, Satellite Dishes and Radio Towers
Antennas, towers, satellite dishes or similar
devices for receiving and/or sending signals are permitted. The ARC will comply with any federal, state
or county law, regulation or order regarding such devices, including, but not
limited to, the Telecommunications Act of 1996.
14.1. Such devices must be installed in the least obtrusive location of the rear yard. The ARC must approve the location.
14.2. In no instance shall any such devices project above the highest point of the rear line of the residence or be visible from the street.
15. Landscaping
As stated in the Declaration, all landscaping, grading, excavation and filling
must be approved by the ARC. Some examples follow:
15.1. Any landscaping decorations over one foot (1�) in height (such as sculptures, fountains, statues, birdbaths, benches, and arbors) must be approved by the ARC.
15.2. No rock beds are allowed.
15.3. The ARC must approve addition or removal of sod.
16.�Miscellaneous
16.1.�Birdhouses
16.1.1.�Birdhouses shall be permitted subject to the prior approval of the ARC.
16.1.2.�No birdhouse can be suspended from a dwelling or attached to a pole and suspended from a dwelling.
16.2.�Flagpoles
16.2.1. Flagpoles must remain within ten (10�) feet of the main residence.
16.2.2. Flagpoles must be constructed of either a steel or aluminum material with a maximum of twenty (20�) feet in height.
16.2.3. All flagpoles must be painted and/or maintained in a structurally sound condition. The paint must be harmonious with the existing color of the main residence. The only acceptable decorative flags that will be allowed are traditional or seasonal flags.
16.3.�Signs
16.3.1. Small home security signs will be permitted when placed close to the house in plant bedding.
16.3.2. No contractor signs are allowed.
16.3.3. Children�s school and activities signs (i.e. Choir, band, sports) will be permitted if they are maintained.
16.4.�Window and Door Awnings
Awnings that are visible from any street shall not be permitted
without ARC approval. Awnings on the rear portion
of a lot must be approved by the ARC. The color and
materials used are subject to approval by the ARC.
16.5. Solar Screens, Window Tint, Temporary Window Coverings
All solar screens and window tinting must be
submitted to the ARC for approval.
16.5.1. The color of any solar screens or window tint must be harmonious with that of the house. The frames of the screens must match the window frames.
16.5.2. If any window is covered, all of the windows on the same side of the building must also be covered.
16.5.3. The width of the screen frames must match individual window size (i.e., double-width screens are not allowed). Frames should have appropriate cross-member support to prevent sagging.
16.5.4. Window tint shall be harmonious, shall not be reflective and must be maintained to prevent peeling, cracking, or irregular discoloration.
16.5.5. Temporary paper and linen window coverings may not remain in windows longer than 60 days after move-in. After this time, these window coverings shall be considered a Deed Restriction violation.
16.6.�The following are not allowed on windows, doors, sunscreens and awnings:
Mirrored, bronze or reflective glass or glazing; plastic,
Lexan or fiberglass; wrought iron ornamentation; and burglar or security bars.
16.7.�Trees
16.7.1. Trees may not be removed without prior ARC approval, except to remove dead or diseased trees or to provide room for an improvement that has been approved by the ARC.
16.7.2. When tree removal is required for the construction of an improvement, it must be disclosed in the application for that particular improvement. When trees are removed for any reason, the homeowner must also remove the remaining stump to ground level and cover with sod or bedding. Replacement of trees removed for an improvement may be required as a condition of approval.
16.8. Topiaries
16.8.1.�Like other exterior structural improvements, topiaries require ARC approval.
16.8.2. Approved topiaries must be maintained so that only living plant material of natural color is exposed. No mesh, substrate, or other nonliving supporting structures may be visible at any time.
16.8.3. The ARC reserves the right to require removal or relocation of any topiary which it reasonably determines to be non-harmonious with the community.
16.9. Holiday Decorations
Holiday decorations are permitted, but must be removed
within 30 days after the date of the holiday.
16.10.�Sprinkler Systems
All exposed mechanical equipment such as automatic
controllers, back flow preventors, and vacuum breakers must be screened from
public view.