ARCHITECTURAL CONTROL GUIDELINES OF BAYSWATER

Transcription

1 ARCHITECTURAL CONTROL GUIDELINES OF BAYSWATER Purpose As stated in the Declaration of Covenants, Section 3, Paragraph A, all improvements must be approved by the BaysWater Development Control Committee ( DCC ) of The Bayswater Homeowners Association, Inc., prior to construction. The BaysWater Community Covenants and Restrictions, as recorded with the County Recorder and legally binding upon the Homeowners of BaysWater, defines an Architectural Control Committee for the purpose of reviewing and approving or denying homeowner s requests for external changes to their houses. These guidelines clarify and define the restrictions in the Covenants, so that the homeowners may have a better understanding of the limitations and freedoms represented by the BaysWater Covenants. The relevant portion of the Declaration of Covenants document is included at the end of this document. These guidelines are intended to serve for the life of the corporation and accordingly may be amended by the DCC from time to time. The DCC reserves the right to waive or vary any of the procedures or standards set forth in this document, at its discretion. The following is information which is required as part of the submittal for architectural approval of any improvement in BaysWater. Decision Schedule The DCC will render a decision within thirty (30) days from receipt of a complete and accurate submittal. The DCC will respond to all submittals within thirty (30) days from its receipt. Incomplete submittals will be returned with indication of missing required information. No Decision will be rendered until a complete and accurate submittal is received. The DCC will give the applicant written notice of approval or denial for all submittals. This approval must be received prior to the commencement of construction. i

2 Table of Contents Purpose... i Decision Schedule... i Automatic Approvals... 1 Community Guidelines... 2 Vehicular Guidelines... 2 Trash Guidelines... 2 Pets... 2 Solicitors... 2 Structures... 3 Fencing... 3 Dog Kennels & Doghouses... 3 Gazebos... 3 Decks... 3 Porches & Screened-in-Patios... 3 Storage Sheds and Mini-Barns... 3 House Exterior Items... 4 Color Changes / Painting... 4 Mailboxes... 4 Lights... 4 Flower Boxes... 4 Storm Doors... 4 Antennas & Satellite Dishes... 4 Awnings... 4 Gutters & Downspouts... 5 Recreational Items... 6 Playhouses... 6 Swing Sets & Playground Equipment... 6 Swimming Pools... 6 Basketball Goals & Courts... 6 Landscaping and Other Exterior Improvements... 7 Grass and Lawns... 7 Landscape Designs & Planting Beds... 7 Retaining Walls... 7 Lawn Ornaments... 7 Miscellaneous... 8 Signage... 8 Solar Heat Panels... 8 Storage Tanks... 8 Water & Sewage... 8 Animals... 8 Development Control Committee Authority... 9 ii

3 Automatic Approvals To facilitate your ability to make changes to your home, the DCC has defined a list of improvements that you can apply to your home without first following the DCC Change Request Procedure. By following the guidelines for automatic approvals, you are authorized by the DCC to make these specific changes without further approval. Install a Kickplate on the Front Door. A kickplate is acceptable in either the same color as the front door or in a brass or gold finish. A DCC Form must be submitted for any other type of kickplate. Install a Storm Door. Storm doors must be a metal, full view glass door, trimmed in either white or the color of the front door. A DCC Form must be submitted for all other types of storm doors. Replace Garage Door. The garage door must be either white or the exact same shade as the siding. It must also be in the same style as the original door. A DCC Form must be submitted for all other changes, including changes to garage door windows. Replacement Mailboxes. Mailboxes must be metal and in the same style and size as the original. The color must match the original color and must be lettered to match the original. You may contact the management company for vendor information or perform this task yourself. Decorative Flagpoles. Flagpoles must be attached to the wooden trim of house. The pole may be no more than 6 feet long. Freestanding poles will not be approved. Holiday decorations. Holiday decorations must be taken down within 15 days following the holiday. Decorations for December holidays must be taken down within 30 days following the end of the holiday. House Numbers. House numbers must be placed in the original location. House numbers must be Black. A DCC Form must be submitted for additional decorative type numbers. ANY ITEMS OR CHANGES NOT INCLUDED IN THE ABOVE LIST MUST HAVE A DCC REQUEST FOR CHANGE FORM SUBMITTED AND MUST BE APPROVED BY THE DCC BEFORE THE CHANGE TAKES PLACE. 1

4 Community Guidelines Vehicular Guidelines No semi trucks are permitted within the community, per City Ordinance. Moving trucks and delivery vans are allowed ONLY while loading or unloading. No campers, boats or trailers are allowed, unless parked inside the garage. As stated in the covenants, all vehicles on the premises must be properly licensed and drivable, unless stored inside the garage. Further, they must have a permanent parking space, either in the driveway or the garage. Street Parking is allowed on a temporary basis for residents and their guests. No homeowner shall allow their vehicle or a visitor s vehicle to be parked blocking access to another homeowner s property, driveway or mailbox. Violators of the community Vehicular Guidelines may be subject to towing by the HOA, at the owner s expense. SPEEDING is against the LAW and dangerous to members of the community, especially children. Offenders are subject to ticketing by the Police if they choose to speed in the community. The posted speed limit is 25mph and is to be strictly observed. Our active Crime Watch program will report offenders to the police. Trash Guidelines Pets Trashcans MUST be stored inside the garage, or out of the public view. Loose trash on any lot, drive or in the street adjacent to a drive, must be picked up by the homeowner. Trash may be set out no earlier than 3:00PM the day proceeding the scheduled trash collection day. According to Marion County Ordinance #103, pets shall be taken out doors only under leash or other restraint and while attended by its owner. All pet waste must be removed immediately by the pet owner. Pets may not be left unattended on a tie-out. Violators may be reported to Animal-Control at (317) Solicitors Solicitors are not allowed in the community. Homeowners have the authority to call the police if visited by a solicitor. Neighborhood children involved in school or not-for-profit fundraising are exempt from this rule. According to Post Office regulations, unmailed flyers attached or in the mailbox are illegal. 2

5 Structures Fencing Per City Ordinance and Bayswater s Covenants, no fencing shall be higher than six (6) feet from the ground.. No fencing shall extend forward at a point which is ten (10) feet behind the furthest back front corner of the residence. In other words, fences may not be placed forward of the front door. Chain link fences must have a brown or black vinyl finish. Vinyl fencing must be white. All wood fences shall be painted or stained white, stained in a natural color compatible with the home or coated in polyurethane. Fences not stained and coated in polyurethane must be maintained to keep a fresh appearance. DCC Requests for fencing MUST include a color sample. Any re-staining in a color different from the original stain is subject to DCC Approval. For your convenience, the following styles are typical of those that have been approved by the DCC Committee: Dog Eared Board on Board White Vinyl Picket Fence Dog Eared Picket Fence Dog Kennels & Doghouses Dog kennels and doghouses are permitted only if placed behind a 6-foot privacy fence and out of the public view. Gazebos As part of an approved deck design, a gazebo may be approved, but approval is not guaranteed. Decks Generally, requests for decks will be approved subject to the following requirements: They shall be constructed with quality materials, either wood or an appropriate vinyl material. Color samples must be submitted with the DCC Request form. Railing shall not exceed four (4) feet from the decking. The design incorporates all applicable building codes in effect at the time of construction. As with all exterior changes, final configuration of the deck must be approved prior to the commencement of construction. Porches & Screened-in-Patios Generally, requests for porches and screened-in-patios will be approved subject to the following guidelines: The additions will be constructed with quality materials. The roofline shall follow the natural roofline of the home. The roof, siding and trim shall match the materials of the house, including color. The design incorporates all applicable building codes in effect at the time of construction. All detailed constructions plans must be approved prior the commencement of the construction. Storage Sheds and Mini-Barns No detached storage sheds or mini-barns shall be installed or permitted in the subdivision. 3

6 House Exterior Items Color Changes / Painting The DCC has established community standards for painting of your home. The only approved color for the house trim is white. Repainting your trim in white does not require DCC Approval. Requests to change the color of the residence door, shutters or attic vent will be considered by the DCC as long as the proposed colors are compatible with existing colors within the subdivision. Requests to change the color of the residence siding will be considered only if the proposed color change is compatible with the existing siding colors within the subdivision. Request to change the color of the shingles will generally be denied, unless the established community shingle color becomes no longer available. Mailboxes BaysWater has an established, standard mailbox for the community. The cost of replacement shall be the responsibility of the homeowner. The homeowner shall be responsible to keep the mailbox in good repair and shall not alter the mailbox without DCC approval. Information about mailbox vendors is available from the management company. When replacing mailboxes the replacement must be metal and in the same style and size as the original. The color must match the original color and must be lettered to match the original. Lights Exterior Lighting shall be kept in good repair with working light bulbs. Any additions or changes to exterior lighting are subject to DCC approval. Flower Boxes Window flower boxes are subject to DCC Approval. They must follow these guidelines: A. Flower boxes must be constructed of quality materials. B. The colors and materials must be compatible with the house. C. A detailed description must be submitted with the DCC Request form. Storm Doors To qualify for Automatic Approval the door must be metal, with full view glass, trimmed in either white or the color of the front door. Wooden storm doors on the exterior of your home will not be approved by the DCC. They are acceptable on the door inside the garage giving access to the house interior. Storm doors of any other style or color are subject to DCC approval. Antennas & Satellite Dishes As stated in the covenants, No antenna in this subdivision shall exceed five (5) feet above a roof peak. Also, No satellite dishes shall be installed or permitted in this subdivision except those with a diameter 1 meter or less. As a direct influence upon property values, it is a strong preference of the DCC that satellite dishes be installed in a manner that makes them as invisible to public view as possible. Awnings No metal, fiberglass or similar type material awnings or patio covers shall be permitted in this subdivision. Awnings and patio covers are subject to DCC regulation and must be approved prior to construction. 4

7 Gutters & Downspouts As a matter of community consistency, all gutters and downspouts in this subdivision shall be painted white and match the trim color of the home. 5

8 Recreational Items Playhouses Plastic, moveable playhouses in the Little Tykes tm style are permissable. Permanent playhouses are an external improvement to the lot and therefore are subject to approval by the DCC. Generally, requests for permanent playhouses will be denied due to conflicts with the covenant restriction of no Storage sheds or mini-barns. In special circumstances, a playhouse may be approved at the discretion of the DCC. All playhouses are subject to the following guidelines: A. The structure shall be constructed with quality materials matching the materials and colors of the house. B. No metal structures will be approved. C. All detailed descriptions must be approved prior to installation. Swing Sets & Playground Equipment Generally, requests for swing sets & playground equipment will be approved subject to the following guidelines: A. The swing set & playground equipment will be constructed with quality materials. B. All detailed construction plans must be approved prior to the commencement of the construction. C. Metal swingsets, if approved, must be kept in good condition and not allowed to rust. The DCC Committee reserves the right determine the definition of good condition. Swimming Pools No above ground swimming pools are permitted in this subdivision. Portable children s pools of a height not more than 30 inches are acceptable, as long as the area is kept safe and monitored by the homeowner. No pools with pumps and filters are allowed. After removal, the grass must be maintained in a manner consistent with the community. Basketball Goals & Courts Basketball goals are acceptable subject to the following guidelines: A. When not in use, the goal should be stored near the house. It MUST at least be stored behind the public sidewalks. B. When in use, basketball courts should be solely within the owner s driveway or yard. C. Basketball goals are NOT permitted in the public streets or cul-de-sacs. D. Any basketball goal left on the street, or blocking the public sidewalk, is subject to removal by the city or the HOA board. 6

9 Landscaping and Other Exterior Improvements Grass and Lawns The entire yard, excluding planting beds, must be covered with grass. The grass must be maintained in a manner consistent with the established aesthetics of the neighborhood. Lawns must be mowed on a regular basis. Lawns not maintained may be mowed by the HOA. A charge of $50 per mowing will be charged to the homeowner. Landscape Designs & Planting Beds As stated in the covenants, DCC approval is not required for projects that consist solely of landscaping. The DCC may require landscaping plans be provided with a request for external improvements including, but not limited to, decks, gazebos or additions. Dead shrubbery and trees must be removed and the landscaping must be maintained in a manner consistent with the established aesthetics of the neighborhood. Retaining Walls Planting bed retaining walls of a maximum height less than 12 inches do not require separate DCC Approval. Being considered a type of fencing, retaining walls greater than 12 inches are subject to DCC Approval. Lawn Ornaments As is true of all other exterior improvements, all lawn ornaments and other items added to the lot beyond the primary residence are subject to the approval of the DCC. Ornamental items will be evaluated for size, appearance and number. Generally, ornamental birdbaths will be approved as long as they do not exceed three (3) feet in height. Generally, concrete lawn ornaments, which exceed two (2) feet in height, such as deer or other statuary, will not be approved by the DCC. 7

10 Miscellaneous Signage One sign of not more than six (6) square feet may be displayed for the purpose of advertising the property for sale or rent. Signs advertising an open house may only be displayed on the day preceding and on the day of the actual open house. Signs of no more than six (6) square feet advertising an individual or group garage sale may be displayed on the day preceding and on the day of the sale. All signs must be removed immediately after the sale is over. All other signs advertising a for-profit endeavor are prohibited. According to city, state and federal laws, signs of a Free-Speech nature are allowed. Solar Heat Panels No solar heat panels shall be permitted on roofs of any structures in this subdivision. All such panels must be enclosed within fenced area and shall be concealed from the view of neighboring lots and the streets. Storage Tanks Any gas or oil storage tanks used in connection with a lot shall be either buried or located in a garage or house such that they are completely concealed from public view. Water & Sewage No private or semi-private water supply and/or sewage disposal system (septic tanks, absorption fields or any other method of sewage disposal) shall be located or constructed on any lot or lots in the subdivision. Animals No farm animals, fowls or domestic animals for commercial purposes shall be allowed. 8

11 Development Control Committee Authority The following excerpt is from the Declaration of Covenants document for BaysWater. It defines the basic powers and limitations of the Development Control Committee. 3. Powers of Committee. A. In General. No dwelling, building structure, fencing, exterior painting (excluding repainting in the same color) or exterior improvement of any type or kind (excluding landscaping) shall be constructed or placed on any Lot without the prior written approval of the Committee. Such approval shall be obtained only after written application requesting authorization has been made to the Committee by the Owner of the Lot. Such written application shall be in the manner and form prescribed from time to time by the Committee, and the Committee may require a set of plans and specifications for any such proposed construction or improvement. The Committee may require that such plans include plot plans showing the location of all improvements existing upon the Lot and the location of the improvements proposed to be constructed or placed upon the Lot, each properly and clearly designated. The Committee may also require that such plans and specifications set forth the color and composition of all exterior materials proposed to be used and any proposed landscaping, together with any other material or information which the Committee may require. Chain link fences must have a black or brown factory finish. Wood fences shall be painted or stained in a color compatible with the residence. Notwithstanding anything herein to the contrary, approval of the Committee will not be required for improvements, fencing or structures placed on a Lot by the Developer. B. Power of Disapproval. The Committee may refuse to grant permission to construct, place or make the requested improvement, when: (1) The plans, specifications, drawings or other material submitted are themselves inadequate or incomplete, or show the proposed improvements to be in violation of these Restrictions; (2) The design, proposed material or color scheme of a proposed improvement is not in harmony with the general surroundings of the Lot or with adjacent buildings or structures, including trim, siding, roof and brick colors, or with the Development in general; (3) The proposed improvement or any part thereof would architecturally, in the reasonable judgment of the Committee, be contrary to the interests, welfare or rights of all or any other Owners. C. Duties of Committee. The Committee shall approve or disapprove proposed improvements within thirty (30) days after all required information shall have been received. A copy of submitted materials shall be retained by the Committee for its permanent files. All notifications to applicants shall be in writing, and, in the event that such notification is one of disapproval, it shall specify the reason or reasons therefore. The Committee shall further affix its signature of approval upon two (2) site plans for purposes of obtaining an Improvement Location Permit, or similar permit, from the Permits Section of the Department of Metropolitan Development, or other applicable governmental authority, if such are required. D. Liability of Committee. Neither the Committee nor any agent or member thereof, nor Developer during the Development Period or thereafter, shall be responsible in any way for any defects in any plans, specification or other materials submitted to it, nor for any defects in any work done according thereto. E. Inspection. The Committee or its designated agent may inspect work being performed to assure compliance with these Restrictions and applicable regulations. 9