Bennington Architectural Review Guidelines

Transcription

1 Bennington Architectural Review Guidelines NOTE: If you need an application for the approval of an exterior design change or improvement, please contact the management company. Forms can be found on the website or requested from Carol Schlim by phone at

2 Table of Contents Terms and Related Documents... ii Introduction...1 Architectural Review Committee (ARC)...1 The Architectural Review Committee Process...2 Review Criteria...3 Appeal Procedure...4 Explanation of Standards...4 Blanket Approvals...4 Common Improvements...6 Appearance Standards/Maintenance...8 Violations and Penalties...9 i

3 Terms and Related Documents ARC - Architectural Review Committee BOD - Board of Directors Bylaws Bylaws of Bennington Homeowners Association, Inc. Related document located at the following web address or from management: City - City of Raleigh County County of Durham Covenants Declaration of Covenants, Conditions, and Restrictions for Bennington Subdivision Related document located at the following web address or from management: HOA - Homeowners Association Management Community Association Services, Inc. (CAS) VC Violations Committee ii

4 Introduction In a planned community, the question naturally arises as how to maintain a harmonious, quality development as the community matures. The following guidelines attempt to provide a meeting ground between private interests and the broader interest of this community. The Declaration of Covenants, Conditions, and Restrictions for Bennington Subdivision (hereafter referred to as the covenants ) and the Bylaws of Bennington Homeowners Association, Inc. (hereafter referred to as the bylaws ) run with the land and are binding upon all homeowners, their renters, and/or their tenants; and should be fully understood. In addition, please retain the Bennington Architectural Review Guidelines as part of your permanent papers. You should make these guidelines available to any renters of your home. In the event you need additional copies of this document, the bylaws, or the covenants; please contact the management company or visit their website at The fact that each homeowner is subject to the covenants should assure all homeowners that the standards of design and quality will continue to be maintained, enhancing the community's overall environment and protecting property values. The rules, responsibilities and procedures outlined in these guidelines have been established by the Architectural Review Committee (ARC) and approved by the Board of Directors (BOD) of the Homeowners Association (HOA), in compliance with the covenants. The intent of these guidelines is to: Insure quiet enjoyment for the residents Minimize problems and expenses for the HOA Provide for the architectural integrity of the neighborhood Protect and enhance property values The cooperation of each homeowner will be beneficial to all. Architectural Review Committee (ARC) The covenants establish the ARC, to be comprised of three (3) or more representatives to rule on architectural submittals. The ARC is charged with conducting the review of all applications for exterior changes and with rendering a decision to the applicant within 30 days. The ARC will respond in writing with either an approval, approval with conditions, disapproval or a request for more information about the project. If the ARC fails to render a decision after receiving all required information, the application will be considered approved by default. The ARC may from time to time publish and distribute architectural standard bulletins, which shall be fair, reasonable and uniformly applied. The ARC shall be responsive to technological advances or general changes in architectural designs and materials and related conditions in future years and use its best efforts to balance the equities between matters of taste and design and the use of private property. Such bulletins shall supplement the covenants and are incorporated herein by reference. The ARC members serve at the pleasure of the BOD and may be removed at any time. last revision 08/01/2005 1

5 The Architectural Review Committee Process Bennington Architectural Review Guidelines NOTE: The HOA s covenants require prior written approval for any improvements to a lot. Therefore do not commit labor or materials until you have received written approval. 1. The owner submits to the ARC, in care of the management firm, an Application for Architectural/Landscaping Review along with all requested documentation. Please note the ARC has 30 days to review the application. Please call to determine receipt of the paperwork, as you will not be notified. Occasionally items get lost in the mail so you may want to verify the receipt of your request. NOTE: Complete applications will be considered on individual merit, using these documented standards as a basis for decision-making. Out of courtesy we request you inform your neighbors of your proposed improvement(s), and obtain their signature on the application form. Their signature does not give their consent; it just lets the ARC and the management know that your neighbors understand your intent. 2. The application, noted with the date of receipt by the management company, is turned over to the ARC, provided that all of the information necessary for review is received. Management will then make a precursory review of the application and request any additional information from the owner if needed. The ARC may still require additional information as detailed in 4.d. below. The 30-day review period will not begin until the application is complete and appropriate for review. 3. The ARC will act within 30 calendar days upon receiving the complete application. In many cases the owner will receive a response sooner than this. 4. The ARC's decision will be noted on the application. The owner will then be notified of the decision. The application will show one of the following four decisions. a. APPROVAL: The application is approved as submitted. b. APPROVAL WITH CONDITIONS: The overall proposal is accepted, but with certain specified changes, limitations or requirements that must be followed. c. DISAPPROVAL: The application is denied. The owner can appeal to the ARC within 15 business days. Further escalation may require the involvement of the BOD. (See the Appeal Procedure section for more details.) d. ADDITIONAL INFORMATION REQUIRED: The ARC has determined that additional information is needed for appropriate review of the application. In this case, the entire process begins again once the management receives the requested information. The owner should follow the same submission procedure as before. The ARC will act swiftly on all re-submissions. 5. The ARC reserves the right to visit your lot and inspect the improvement(s). This will be done for two specific reasons. a. To ensure that the application details were followed. b. To note any problems that were encountered and to learn any pointers that may help other residents to more easily complete similar projects. last revision 08/01/2005 2

6 6. Once work has begun on an approved application, it must be completed within 90 days. Applications are valid for one (1) year from the date of approval. NOTE: Many design changes and improvements require a permit, and the local city and/or county may not issue a permit without the written approval of the ARC. Please plan in advance and remember that the ARC has 30 days after all the appropriate information has been received to review applications. It is strongly suggested that the city and/or county be contacted to determine what permits or approvals are required according to those entities ordinances. The ARC s approval is not a substitute for approval by the city and/or county. It is the homeowner's responsibility to acquire appropriate approvals, permits, etc. from the city and/or county. Review Criteria The ARC evaluates each application on the individual merits of the application and the standards listed below. Validity of Concept - The basic idea of the exterior change must be sound and appropriate to its surroundings. Landscape and Environment - The exterior change must not unnecessarily destroy the natural landscape or the achieved man-made environment. Relationship of Structures and Adjoining Property - The proposed change should relate harmoniously to its surroundings and to existing buildings and terrain that have a visual relationship to the change. Protection of Neighbors - The interest of neighboring owners and renters should be protected by making provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and other aspects of design, which may have substantial effects on neighboring property. For example, fences may obstruct views, breezes or access to neighboring property. The ARC should consider the various appropriate criteria and exercise discretion in determining which of the criteria govern in each specific application. Design Compatibility - The proposed change must be compatible with the design characteristics of the applicant's home and the general neighborhood setting. Compatibility is defined as harmony in style, scale, materials and color. a. Style: The overall look and feel of the improvement should match that of surrounding properties and of the neighborhood. b. Scale: The three-dimensional size of the proposed change must relate satisfactorily to adjacent structures and their surroundings. c. Materials: Continuity must be established by using the same materials as those used in the existing home. Siding materials and shingles must match the existing structure. If the original materials are no longer available, compatible materials may be substituted. d. Color: Color may be used to soften or intensify visual impact, while maintaining continuity. Workmanship - The quality of the work must be equal to or exceed that of any existing structure. Poor practices may cause the owner problems and may be visually objectionable to others. For example, a wooden fence not properly treated and maintained may start to decay and become unsightly to the owner and neighboring property owners. last revision 08/01/2005 3

7 Appeal Procedure If the applicant disagrees with the decision of the ARC in its review or inspection, an appeal may be submitted as noted below. 1. Within 15 business days after the receipt of a notice of disapproval, the homeowner must file a written appeal with the ARC at the address of contact for the HOA's management company. 2. Upon receipt of the appeal, the ARC may contact the homeowner and schedule a review of any further information relating to the request and appeal. 3. Should the ARC determine that the disapproval remains, the homeowner may request that the appeal be forwarded to the BOD. This request must be made within 7 days of the disapproval. It is the responsibility of the ARC to forward any correspondence and pertinent information to the BOD at that time. 4. The BOD shall then establish the date and the time that the appeal will be heard. Normally, this will be made at the next scheduled board meeting. A majority vote by the BOD is required to reverse an ARC decision. NOTE: No work may progress during the appeal process. Explanation of Standards The standards outlined below are the procedures and guidelines applied by the ARC to assist the HOA and its members in the design review process. It is hoped that these standards will serve as a positive tool to assist in the full and free use of each homeowner's property in a manner that is consistent with the aesthetic and harmonious development of the community. There are three major categories of improvement guidelines. They are blanket approvals, common improvements and appearance standards/maintenance. These are very important to you because they identify items that do not need approval (provided certain conditions are met), items that need approval or are not permitted, and the overall standards of the community. Blanket Approvals Items in this category do not require approval, provided the guidelines mentioned are followed. Items not specifically mentioned here require approval. Plants, shrubs and flowers planted within three feet of the front of your house, that do not grow higher than the lowest portion of the windows. Bedding borders, if constructed of common landscaping borders that do not exceed six inches (6") in height. Miniature fencing used as a border does not fall into this category and requires approval. Plantings of flowers and shrubs around trees or the mailbox. Mailboxes and posts if repainted or replaced in original colors. Low voltage lighting to illuminate only your house/landscaping, located no closer to the street than the right of way. last revision 08/01/2005 4

8 Hose caddies affixed to the home or enclosed in appropriate container and screened with vegetation may be in the front of the house. Outside seasonal decorations displayed up to five (5) weeks prior to and three (3) weeks after the holiday season. Vegetable gardens in backyards, provided the plants do not exceed allowed fence heights or grow through to the neighbor's yard. Gardens should not be visible when standing on the street in front of the house. Removal of trees that are less that six inches (6") in diameter and measure four feet (4') above the ground. All other trees to be removed must have the approval of the ARC and if deemed necessary, signatures of neighbors. If a tree is dead, it may be removed without approval. Lawn furniture, barbecue equipment, toys, bikes, trampolines, etc., if kept in good repair. These must be stored in the garage or in the backyard when not in use. Satellite Dishes No more than two feet (2 ) in diameter, with hidden cable located in the backyard. Preferred placement of the dish is on the roof at the rear of the house. If the dish must be placed on the ground on the side or at the front of the house, it should be screened with plant material and architectural approval must be obtained. Dishes placed on the roof at the front of the house or on poles in the front yard are prohibited, unless written architectural approval is received. If more than one dish is placed on a home, written architectural approval must be obtained. Front Storm Doors White or the same color as the existing trim. Full view design, no cross rails. Constructed of anodized aluminum (including baked-on enamel). Unadorned. Back Storm Doors White or the same color as the existing trim. Constructed of anodized aluminum (including baked-on enamel). Exterior Painting/Maintenance Provided the material and color remains the same, no approval is required for standard maintenance of the house exterior. Hot Tubs Hot tubs may not be visible from the street and must be in the backyard. Must meet all city, county and state requirements (enclosed, fencing, plumbing, electricity, etc.) Please check the city, county, and state statutes before submitting an application. last revision 08/01/2005 5

9 Play Equipment/Tree houses All play equipment should be located at the rear of the house. Equipment should not be in the side or front yards or on porches. Please note that this also includes skateboarding ramps. Play equipment must be located at least 3 feet from property lines. Tree houses are prohibited. Basketball Goals Basketball goals are to be placed on the rear third (toward the house) of the driveway or parking pad. No more than one goal per house. Goals must be mounted on a single pole with a backboard that is predominately black, gray or clear. Basketball goals are prohibited from being mounted directly on the house. Basketball goals may be cemented into the ground or portable. Portable goals are preferred. It is required that owners be courteous and not hinder a neighbor's property during normal play. Goals are not to be placed so basketball is played in the street. Moveable basketball goals are to be located in the driveway, away from the street end when not in use. Basketball goals need to be erect at all times. Common Improvements Items in this category require approval. An application must be submitted along with all required documentation in order to be considered complete. Improvements needing approval are not necessarily limited to those listed here, but these are some of the most common. Grading Major changes to the topography of a lot require approval by the ARC prior to being started and may require city and/or county approval as well. Drainage and water flow patterns must be taken into consideration prior to the start of any grading. ** The HOA, its BOD, nor the ARC accept any liability for any damage caused by such grading, whether the committee approved the request or not. Exterior Color and Maintenance (Changes) You must specify the new material and/or color you wish to use. Please include a color sample from the store. Drives and Parking Areas Changes to driveways or parking pad additions require ARC approval. Gravel driveways or parking areas will not be permitted. last revision 08/01/2005 6

10 Pools Aboveground swimming pools are not permitted. Requests for in-ground swimming pools will be considered. If approval is given, the pool must meet all city, county and state requirements (enclosed, fencing, plumbing, electricity, etc.) Please check the city, county, and state statutes before submitting an application. Fences/Walls Fences should be constructed of naturally treated wood and should not be painted. Fences may enclose all or part of the backyard, but shall extend no farther forward than the rear corners of the dwelling. Wire, plastic or chain-link fences (including dog enclosures) are prohibited. Construction will consist of vertical members (pickets) supported on horizontal members (rails) with the pickets on the outward side of the fence. The maximum spacing between pickets is 4 inches. The required fence height is a minimum of 4 feet (42" at lowest point if a scalloped design) and a maximum of 5 feet. The maximum fence height for corner lots is 4 feet. Fences must be maintained and kept in good repair. If the fence must be stained or waterproofed, it should retain its natural color. Storage Sheds Sheds shall not be larger than 8 x 10 or 8 x 12, depending on lot size. Shall be constructed of wood; no aluminum sheds allowed. A suitably constructed floor system or foundation is required. They should be placed on the property behind the house so the shed cannot be seen from the road when standing directly in front of the house. They must be at least 3 feet from property lines. The siding material must be similar in color and composition to the home. The roof must have a similar pitch, similar materials, and a similar color as that of the home. Decks/Screened Enclosures/Outdoor Living Areas A deck should not extend past the side of the house. All decks should be on the rear of the house. No side or front decks are permitted. Decks may not be painted. They can pose no drainage problems for you or your neighbors. The materials to be used should be designed specifically for patio and/or deck designs. Screened enclosures must not be visible from the street. last revision 08/01/2005 7

11 All decks, patios, gazebos and screened porches must blend in with the natural terrain. If a screened porch is connected to the house, the roof, siding and other building materials should match the materials used on the house. Lamps and Landscape Lighting One walkway/entrance light on a post is allowed. The light is not to exceed 7 feet in height, measured from the ground to the base of the light fixture. The post will be painted black metal. The lamp design should be similar to existing house exterior lights. Other lighting on ARC approved structures will be considered providing it matches existing light fixtures. Note: Low voltage lighting does not need ARC approval. Windows Window unit air conditioners are prohibited. Fans in windows are prohibited. Appropriate window dressings are required and should be white when seen from the street (sheets, newspapers, blankets, etc. are prohibited). Appearance Standards/Maintenance NOTE: These standards are in addition to any listed in the Declaration of Covenants. Paint and stain must be maintained and kept in good repair with no peeling, chipping, cracking or discoloration on the trim or siding. Lawns must be well kept with uniform ground coverage. Grass should be maintained at 3-5 inches in height, but cannot exceed 8 inches in height. Edging and pruning should be done on a regular basis. Driveway and sidewalk cracks should be kept clear of grass and weeds. The designated lawn area should be fully covered with grass. Any brown or bare patches should be repaired during the spring or fall seeding season. Dead trees and shrubs must be removed and replaced with plantings of similar size and shape. No items (toys, bikes, garden equipment, trash containers, chairs, wood, recycling bins, etc.) may be left in front or side yards or on porches when not in use. No parking of vehicles on lawns or common areas. Parking over the sidewalk is prohibited, including sidewalks that go through driveways. Parking in the street overnight is discouraged. Please do not park within 10 feet of stop signs, street signs and fire hydrants. Homeowners hosting events such as garage sales or parties are responsible for informing neighbors and making provisions to prevent damage to neighbors' yards. NOTE: For safety and aesthetic purposes your driveway should be full of cars prior to parking on the street. Mobile house trailers (whether on or off wheels), recreational vehicles and campers are prohibited. Watercrafts, boats, trailers, etc. must be parked in such a manner as to be fully enclosed in the garage. last revision 08/01/2005 8

12 No commercial truck, commercial bus or other commercial vehicle of any kind may be parked on a lot or on the street. No portion of the property may be used for the repair of automobiles. No portion of the property can be used to tie up dogs or for dog breeding. No doghouses should be visible from the street. Excessive dog noise, animal odors, excrement, cruelty, etc. should be called into animal control. NOTE: All homeowners are required to pickup after their pets. Please be courteous! The property should be free of any debris. Clotheslines are prohibited. Vegetable gardens are allowed in backyards only. Trash storage needs to be screened from the road. Signs may be placed in the homeowner s yard for the express purpose of selling and/or renting the property, and may take up no more than nine (9) square feet. Signs should not be larger than 3 x3. Decorative lawn ornaments must receive written architectural approval prior to installation on any lot. Violations and Penalties In addition to a rule violation, an exterior change made without the required approval of the ARC constitutes a violation of the covenants. A violation may require removal or modification of the work at the expense of the properly owner. When a violation is determined to have occurred the following steps shall be taken. 1. The ARC will investigate any reported violation and attempt to bring the owner into compliance. Homeowners will be notified in writing of the violation and are expected to bring the violation into compliance within a reasonable amount of time. The amount of time given to the homeowner will be based on the alleged violation. 2. Should the owner fail to act upon the recommendations for corrections, the ARC shall submit the matter to the BOD and/or the Violations Committee (VC). 3. The homeowner shall be invited to a hearing with the BOD and/or the VC where the homeowner will have the opportunity to be heard and present evidence. Failure to appear shall result in a fine that will begin to accrue on the day after the scheduled hearing date. If the violation is brought back into compliance prior to the hearing, no hearing is necessary. In this case, you must let a member of the BOD, the VC or management know you are in compliance. If the issue is verified, no further action is required. If compliance cannot be verified, the parties proceed with the hearing. 4. After the hearing, the BOD will respond to the homeowner with a decision in writing within five (5) days. Any penalties, fines or fees relating to the violation the homeowner is responsible for will be noted in the letter from the BOD. The letter will include the date the accrual of fines will begin. last revision 08/01/2005 9

13 Fines: Fines will be levied per day, per violation, until the violation is rectified. The North Carolina Community Act, passed in January of 1999, allows planned residential communities to collect fines up to $150 per day to uphold the standards that protect and insure homeowners of maintained property values by holding all property owners accountable for abiding by the existing covenants. Fees: A violation may also result in the payment of costs or damages incurred by the HOA in having the work removed or modified, in addition to the fine assessed by the HOA. Attorneys' fees, court costs and site assessments will all be incorporated into the fine process. NOTE: Please remember owners are responsible for their tenants. It is the owners responsibility to inform their tenants of the rules of the community. last revision 08/01/