SUPERSTITION FOOTHILLS COMMUNITY ASSOCIATION RULES AND REGULATIONS

Transcription

1 SUPERSTITION FOOTHILLS COMMUNITY ASSOCIATION RULES AND REGULATIONS Revised 10/14/2008

2 SUPERSTITION FOOTHILLS ASSOCIATION GUIDELINES FOR COMMUNITY LIVING TABLE OF CONTENTS Design Review Process... page 3 Basketball Goals... page 7 Building Repair... page 11 Clotheslines:... page 7 Driveways... page 7 Flags and flagpoles... page 5 Gates... page 8 General Property Restrictions... page 10 Gutters and Downspouts... page 9 Landscape Installation... page 6 Machinery and Equipment... page 11 Maintenance of Easements... page 6 Outdoor Fireplaces... page 6 Outdoor Lighting... page 6 Paint Colors.page 10 Parking... page 11 Patio Covers and Storage Sheds... page 4 Pets:... page 10 Planters and Walkways... page 8 Play Structures... page 8 Pool Rules page 12 Ramada and Gazebos... page 8 Roof and Wall-Mounted Equipment... page 6 Satellite Dishes... page 5 Screen Doors... page 9 For Sale and For Rent Signs... page 9 Swimming Pools... page 7 Trails... page 11 Trash/Recycling Containers... page 10 Vehicles, Campers and Boats... page 11 View Decks..page 9 Window Coverings... page 7 Walls & View Fences..page 11 For further questions or clarifications, contact the Superstition Foothills Community Owner s Association Property Manager. 2

3 RULES AND REGULATIONS COMMUNITY ORGANIZATION Every resident of Superstition Foothills is a member of the Superstition Foothills Community Association (the "Association"), the entity responsible for the management of all common areas and related homeowners facilities as well as administration of the affairs of the community. The Association is created by the recording of the Declaration of Covenants, Conditions, Restrictions, Assessments, Charges, Servitudes, Liens, Preservations and Easements (the "CC&R s"). The CC&R s set forth procedures, rules and regulations, which govern the community. The Guidelines for Community Living are an extension of the CC&R s and they are designed to be used in harmony. The Board of Directors (the "Board") is charged with responsibility for overseeing the business of the Association and has a wide range of powers. The Design Review Committee (the Committee ) is established by the Board to review all improvements within Superstition Foothills including new construction and modifications to existing properties. The Committee has adopted architectural guidelines and standards to evaluate proposed construction activities. DESIGN REVIEW PROCESS The CC&R s require the written approval of the Design Review Committee before any change, addition or modification to a site or building exterior of a residential property is made. Residents with proposed changes should contact the management company, with whom the Association has contracted for full Association management, to obtain the necessary architectural guidelines and submittal documentation. o Simply stated, no new construction or remodeling, including changes in exterior color, is to occur on any lot or exterior of any home from its improved state existing on the date such property was first conveyed by Builder to a purchaser without the prior approval of the Design Review Committee. The responsibility of the Design Review Committee is to ensure the harmonious, high quality image of Superstition Foothills is implemented and maintained. Your submittal will be returned to you either approved, denied, or for more information within forty-five (45) days of receipt of your request. Homeowners may appeal the decisions of the Design Review Committee to the Board for consideration, in which case, the decision of the Board shall prevail. If any changes, alterations, or additions made prior to approval are not ultimately approved, either by the DRC or the Board, it is the homeowners responsibility to return the property to original condition. It is the homeowner's responsibility to ensure that any proposed construction is coordinated with, and where applicable, approved by all county, local, state and federal government agencies. The Design Review Committee, the Management Company and the Association assume no responsibility for obtaining these reviews and approvals. 3

4 DESIGN GUIDELINES General Principles The purpose of the Design Review Committee is to ensure consistent application of the Design Guidelines. The Committee monitors any portion of any lot or parcel which is visible from other lots or parcels, the street, or Association common areas. This would include backyards which are visually open to other lots or Association common areas. The Design Guidelines promote those qualities in Superstition Foothills, which enhance the attractiveness and functional utility of the community. Those qualities include a harmonious relationship among structures, vegetation, topography and overall design of the community. Protection of Neighbors The interest of neighboring properties must be protected by making reasonable provisions for such matters as access, surface water drainage, sound and sight buffers, light and air, and other aspects of design which may have a substantial effect on neighboring properties. Design Compatibility The proposed construction must be compatible with the design characteristics of property itself, adjoining properties and the immediate neighborhood. The overall architectural design of the community is considered to be Desert/Southwest and is basically earth tone in color. Workmanship The quality of workmanship evidenced in construction must be equal to, or better than, that of the surrounding properties. In addition to being visually objectionable, poor construction practices can cause functional problems and create safety hazards. The Association and the Design Review Committee assume no responsibility for the safety or livability of new construction by virtue of design or workmanship. Building Architecture All structures, permanent or temporary, which can be seen from neighboring property, public or common property must be submitted to the DRC for approval. In general, any exterior addition or alteration to an existing residence shall be compatible with the design character of the original structure. Patio Covers, Storage Sheds, Patio Extensions and Spa Covers All patio covers storage sheds, patio extensions, spa covers and any other building additions must be submitted to the DRC for approval prior to construction. Wood cover structures must be painted a color from the community builder s approved paint pallet. The color used must be the base color of the dwelling. Aluminum based materials must be close to the color of the base of the house, or painted the base color of the dwelling. A sample of the aluminum based materials must be submitted with the submittal form. See page 10 for paint guidelines. ATTACHED PATIO COVERS - Patio covers over new or existing patios will be reviewed on an individual basis. One of the major determining factors will be consideration of views from neighboring properties. Covers must follow the Design Compatibility and Workmanship statements in the DESIGN GUIDELINES. 4

5 DETACHED PATIO COVERS will be subject to the same guidelines as Ramadas and Gazebos. See Page 8 STORAGE SHEDS- Backyard storage sheds, attached, or not attached to the house will be considered provided they are lower than the home's surrounding wall or fence so as not to be visible from common areas, public areas, or neighboring property. Storage sheds, along with any permanent addition to a home, including patio covers and other buildings, must be submitted to the Committee for approval prior to construction. Wood cover structures must be painted a color from the builder's approved paint pallet used on the dwelling. All paint colors must be chosen from the approved color pallet of the original builder. See page 10 for paint guidelines. Aluminum based materials must be as close as possible to the color of the house or trim. A sample of the color of the aluminum based material must be submitted with the Submittal Form. Flag Poles Residential lot flagpoles are allowed with the following provisions. Flags 1. Flagpoles may not exceed twenty (20) feet in height. 2. Pole location must adhere to the following Pole must be at least ten (10) feet from all perimeter property walls. Pole in front aspect of yard must not be within ten (10) feet of the front property line. 3. Flagpoles must be unpainted and made of a weather resistant material such as anodized aluminum or fiberglass. 4. Noise abatement hardware must be included on the flagpole. 5. Flagpole lighting must be directed at the flag only and not be directed toward any common areas or neighboring property. 6. Limit one (1) flagpole per lot. 1. Only the United States flag, POW/MIA flag, Arizona state flag or Arizona Indian nations flag may be flown from an approved flagpole. 2. Flags must be proportional to pole height Pole height 20, flag size no greater than 4 x 6 Pole height 15, flag size no greater than 3 x 5 All flags, whether on poles or house mounted, must adhere to standard flag etiquette. E.g. Flags must fly only between sunrise and sunset unless properly lighted. Flagpole, flag, illumination hardware and installation are subject to prior Design Review Committee approval. Any violation of flag etiquette will be considered a violation of the rules of Superstition Foothills and subject to normal HOA violation enforcement. Satellite Dishes While the Association cannot prohibit the use of satellite dishes, they can regulate the size and location of the "dish" on the following basis. 1. Any "dish" larger than one meter (39 inches) is prohibited. 2. All dishes must be located in rear yards only. 3. Homes with view fencing must locate the dish in the most unobtrusive location possible while still receiving a quality signal. 5

6 4. When positioning dishes that are visible from neighboring property, streets, or the common areas owner must attempt to not interfere with the aesthetics of the neighborhood. 5. All other antennae such as those used to receive signals from multichannel multipoint distribution providers and television broadcast stations must be submitted to the Committee and will be reviewed on a case by case basis. 6. All antennae are to be submitted to the Committee with a diagram showing the location and size of the device. Roof & Wall-Mounted Equipment Any rooftop solar equipment must be integrated into the roof structure and must be located on the rear roof unless performance or efficiency is compromised. Any other placement will require submittal of engineering guidelines from the provider. Whenever available, earth colors are to be used. Outdoor Fireplaces Installation of outdoor fireplaces requires advance approval by the Design Review Committee. Outdoor fireplaces will be required to have a gas log. Wood burning fireplaces are prohibited. Outdoor fireplaces may not exceed fence height. Outdoor Lighting Any outdoor lighting installed on a dwelling, subsequent to initial lighting installed by the builder, must receive advance approval by the Committee. Permanent lighting sources shall be positioned so as to not be directed toward streets, common areas or neighboring property. All outdoor lighting must conform to current State, County and local ordinances. Low voltage landscape lighting must conform to the overall theme of the community and must be approved by the DRC prior to installation. LANDSCAPING Homeowners are not to change, rearrange, alter, adjust or trim landscaping in any common area. Landscape issues in common areas are to be referred to the Management Company Ornamentation The utilization of non-living objects as ornaments in the landscape must be harmonious with the character of the neighborhood and must be approved by the Design Review Committee. Ornamentation should appear as an accessory to the landscape and should be in proportion to the overall lot size so as to not present a dominating appearance. Individual expression is permissible so long as it does not detract from this goal. Temporary holiday decorations are permitted from Thanksgiving through January 15 th. Any other temporary holiday decorations are permitted so long as they are removed after a reasonable period of time. Maintenance All landscaping shall be maintained in a neat and attractive condition. Minimum maintenance requirements include watering, mowing, edging, pruning, removal and replacement of dead or dying plants, removal of weeds and noxious grasses, and removal of trash. Maintenance of Landscape in Easements Many homeowners (particularly those on corner lots) have sideyards (easements) landscaped by the developer. "Easements" are generally between the exterior sidewall and the street. These "easements" are actually a portion of the homeowner s lot. Maintenance of "easements", including the replacement of plants and weed control is the responsibility of the homeowner. Any changes to these areas require the approval of the Design Review 6

7 Committee. If you are in doubt as to whether your sideyard is an "easement" or part of the Common Area, please call the Management Company. Swimming Pools Prior to construction of a swimming pool, a homeowner should contact the Management Company to coordinate the point of construction access to assure damage to common landscaped areas and common perimeter walls is avoided. In most cases, residents will be advised to enter through the side yard wall, from the front of their homes. Any opening which affects a common Association wall shall require an architectural submittal and a deposit for such work, refundable after walls and landscape are repaired and returned to their original condition. The Design Review Committee may also require the Association to replace and repair any common wall which has been affected to insure continuity within the community with the ability to charge back to the member for labor and materials. Pools may not be backwashed into the drainage ditches, natural washes, common landscaped areas, drainage-ways or streets. All backwash water is to be retained on the owner's lot. If necessary, a hole should be dug and filled with rocks to provide for the needed capacity. Swimming pool fence requirements are regulated by the County. The County should be contacted to determine the safety fence requirement for your pool. For safety reasons, all openings in walls must be securely covered during construction to prevent children from entering and being injured. Pool plans will not need prior approval unless there is a feature (pool slide or other structure) which would be visible above the top of the wall. All pool equipment shall be screened from view of neighboring property, streets and common area with walls which match the architectural character and color of the house or the existing wall. IF POOL EQUIPMENT IS PLACED NEAR VIEW FENCING, SPACE MUST BE ALLOWED TO ACCOMMDATE THE SCREENING WALL. Basketball Goals Homeowners must submit an application to the Design Review Committee for approval prior to the installation of a basketball goal. Goals will be allowed as a permanent installation in front yards only adjacent to the driveway. No permanent goals will be approved in rear or side-rear yards and portable goals are prohibited. Strict guidelines will be adhered to regarding the quality of equipment and installation and special attention will be paid to placement of the pole on the lot. Backboards must be transparent or a standard type. Highly visible logo material is prohibited No lighting designed to illuminate basketball goals shall be installed without prior written approval of the Design Review Committee. Driveways Except for driveways installed by the builder, driveways may not be expanded without the prior approval of the Design Review Committee. All driveways must be kept clean and clear of debris, oil, rust and other stains. A maximum two-foot colored paver, or similar material is suggested to be placed adjacent to the driveway for foot traffic. Concrete is not to be used. No parking will be allowed on the area adjacent to the driveway. Clotheslines Clotheslines or other outside facilities for drying clothes are not permitted unless they are placed exclusively within a fenced yard and not visible above the top of the block wall or otherwise concealed. 7

8 Window Coverings - Awnings In no event shall the interior or exterior of any windows be covered with reflective material, such as foil, or with paper, bed sheets or other temporary coverings. All such window coverings facing the street must show white, beige, or earth tone, unless otherwise approved in writing by the Committee. Reflective materials may not be installed on the windows or any portion of the house or any other area of the Lot unless approved in writing by the Committee. Bronze or charcoal sunscreen material may be installed. The frame for the window screens must be same as the screen material on the existing window frames. Awnings must be compatible with the overall design of the structure. Materials to be used must be of high quality. The quality of workmanship must match professional standards. The color of Awnings must be close to the color of the base of the house. Planters and Walkways Planters, paved walkways and other hardscape features visible from neighboring property must be reviewed and approved by the Design Review Committee. Surface textures and colors are to match the paint color and materials of the house. Ramadas and Gazebos Ramadas and gazebos may be erected in rear yards only subject to prior review and approval by the Design Review Committee, subject to the following guidelines: 1) Maximum square footage (under roof area) is 120 square feet. 2) Maximum roof height is 10 feet at the highest point. 3) The structure must be set back a minimum of 7 feet from any perimeter wall. 4) Construction materials must be cohesive with the materials within the subdivision. 5) The structure must be painted to match the house color and maintained in good condition. 6) Any roof tile must also match the tile of the house. 7) Lighting of the structure must be approved by Design Review prior to installation. Mailbox Columns Mailbox columns and mailboxes are the responsibility of the homeowner. Mailbox columns are to be painted Brittle Bush by Dunn Edwards. No decorations are to be attached to the mailbox column The architectural configuration of the mailboxes and columns must remain the same as originally designed by the builders. Play Structures Play structures may be erected in rear yards only subject to prior review and approval by the Design Review Committee, subject to the following guidelines: 1) May be erected in rear yards only and structures must be set back a minimum of 7 feet from any perimeter wall. 2) Maximum height allowed to top support bar or highest point of structure, is 10 feet. 3) Maximum height of any deck/platform is to be 4 feet above ground. 4) The distance from the ground elevation to the top of the perimeter fence must be measured and submitted with plans. 5) The Committee will take the appearance, height, and proximity to neighboring property into consideration. 6) Any shade canopy must be a solid tan or earthtone color. 7) Submit a brochure or picture if possible. 8

9 Gates Double gates may be installed to allow wider access to yards. Hard surfacaces between driveways and gates are not allowed. Gate access from the driveway may be installed using ¼ minus granite that matches the color of the front yard landscape. Parking is allowed only on the driveway or within the garage. Hard surface access to side gates for foot traffic may be built as sidewalk using customary and appropriate materials. Hard surface sidewalks are not to exceed 48 in width. Hard surfaces between driveways, gates and streets are not allowed. The only exception being sidewalks as shown above. All double gates require Design Review Committee approval. 9

10 Gutters and Downspouts Gutters and downspouts not installed by the builder will require approval. The finish on same must match the adjacent surface of the home in color. High-quality materials that offer long life are recommended, as the homeowner will be required to maintain these additions in good repair. Plans must include the proposed locations of the gutters and downspouts, the quality of material to be used, warranty by the manufacturer, and the name and telephone number of the installer. Screen Doors Screen doors and "security doors" must be approved in advance by the Design Review Committee except for those installed by the builder during original construction. Submittals should be for high quality metal in a color that matches the individual approved builders pallet currently in use on the residence. Overly ornate designs will be discouraged. Pictures or brochures should be submitted. For Sale or For Rent Signs Only one standard real estate or real estate-type sign is permitted in the front of a home. No sign shall be permitted in the back of a lot. No sign shall be placed or hung over a view fence or other wall. No signs are permitted on common area property. Signs must adhere to all applicable Pinal County ordinances. View Decks The Committee will consider, on a case by case basis, submittals for view decks attached to homes. The Committee will review submittals after the close of escrow. Free standing raised platforms or raised patio areas will be reviewed on an individual basis. None of these improvements or changes will be allowed to encroach upon the privacy or unreasonable restrict the views of neighbors. The following information must be included in the detailed submittal to the Committee. 1. Complete narrative description of work to be done. 2. Type of materials to be used. 3. Colors to be used on all materials (all colors must match house color or the project color). 4. Exact dimensions of structure. 5. Lot dimensions and home placement on lot. 6. Aerial and side views of deck. 7. Full rear yard elevation. 8. Detail on the view fence, including height. 9. Spiral staircase design and detail, including railing, if applicable (railing must match the detail of the view fence). 10. Horizontal deck elevation. 11. Complete Architectural Submittal Form (enclosed). A copy of the county building permit must be submitted to the Committee prior to construction. The committee reserves the right to request additional information to complete their review of the proposed structure. 10

11 Paint Colors The Superstition Foothills Community Owner s Association has approved a paint pallett for each neighborhood. All exterior paint colors must be chosen from the pallet for the neighborhood in which the house is located. Houses must be painted with the base color used for the base; the trim color for the trim; the popout color used for the popout; the door color for the door, etc. If no door color has been determined by the original builder, the owner may choose any color in the paint scheme used on their particular residence. Party walls visible from common areas, public areas or neighboring property must be painted the approved base color of the house or Brittle Bush #SP2740, from Dunn Edwards Paints, which is the color used for the common walls. All mailbox pedistals must be painted Brittle Bush, SP2740, by Dunn Edwards Paints. The color of the view fences is Superstition Foothills View Fence, # , by Dunn Edwards Paints. The SFCOA Board or Directors may approve changes or additions to the original paint pallets from time to time. Any questions on paint colors should be referred to the Management Company. A copy of all available paint pallets are located in the Management office and at Dunn Edwards located at 5959 E. Southern Avenue and are available for owner review. Superstition Foothills Members receive a 24% discount off their paint purchases, just mention our discount code # COMMUNITY RULES The following community rules summarize some of the common provisions found in the CC&R's as well as rules established by the Board. These rules are not meant to restrict, but rather to guide activities for the benefit of all residents of Superstition Foothills. Cooperation on the part of all residents in following these rules will make living at Superstition Foothills an enjoyable experience. Initial Landscape Installation All front yard landscaping will be installed by builders and is pre-approved. Any other portion of a lot which is visible to other lots, the street, or Association common areas must be landscaped within ninety (90) days of close of escrow per the attached Approved List, which contains a Master plant Palette for shrubs, accents, groundcovers and vines, Prohibited Plant Pallet and Approved Native Hydroseed Mix. General Property Restrictions Owners may rent only the entire lot or dwelling unit. Rental must be made only to a single family. No gainful occupation, trade or other non-residential use may be conducted on the property for the purpose of receiving products or services related to such usage. Owners must receive Board permission to apply for any re-zoning, variances or use permits. Trash/Recycling Containers and Collection No garbage or trash shall be kept on any lot except in covered containers as provided by the Trash Company. These containers must be stored out of sight except for days of collection. Pets Residents are allowed to keep a reasonable number of generally recognized house or yard pets. Animals cannot be kept or raised for commercial purposes, and they are not allowed to make an unreasonable amount of noise or become a nuisance to neighbors. Dog runs must have prior approval of the Design Review Committee and be located so as not to be visible from neighboring property. Dogs must remain on leashes at all times while on Association property, unless approved in writing by the Association. All owners must clean up after their pets. 11

12 COMMUNITY POOL SAFETY AND RULES Summer vacation brings additional use of the pool and recreatioonal facilities. Please be advised that there is no lifeguard on duty at any time. Pool and spa facilites are enjoyed at the risk of the user. The Board of Directors, Management Company, or any person (s) employed by the Board Board of Directors assumes no responsibility for homeowners, guests, family members and/or invitees. Pool rules are devised for your safety, protection, enjoyment and well being, but there is no substitute for caution, common sense and courtsey. Pool Hours: Dawn to 10:00pm Residents and guests only. Proper swimming attire must be worn, no cut-offs. Shower prior to entering the pool or spa. Do not enter the pool or spa wearing suntan oil. No person under the age of 14 may swim unless accompanied by an adult. No person under the age of 14 may enter the spa. No pets are allowed inside the pool area. No skateboards, roller blades, or bicycles allowed inside the pool area. No glass containers or alcoholic beverages allowed in the pool area. No children with diapers in the pool or spa. No running, diving, or horseplay permitted in the pool, spa or deck areas. Deposit all trash in trash containers. DO NOT PROP THE GATE OPEN!!!! CHILDREN MAY WANDER IN!!! Please let common sense, neighborliness and courtesy serve as recommended pool conduct. 12

13 Machinery and Equipment No machinery or equipment of any kind shall be placed, operated or maintained upon any lot or any street. Vehicles, Campers and Boats No motor vehicle classed by manufacturer rating as exceeding seven (7) feet in height measured from the ground level and eighteen (18) feet in length, mobile home, travel trailer, camper shell, boat, or other similar equipment or vehicle may be parked, maintained or repaired on any lot or on any street so as to be visible from neighboring property. Temporary parking of recreational vehicles, boats and similar equipment will be permitted, if it is apparent that the item(s) are being loaded or unloaded. All motorized vehicles, including ATV s, motorcycles, gocarts and similar vehicles are prohibited from entering onto any common areas. Parking Vehicles of homeowners and their guests are to be parked in the garage, carport or driveway. No inoperable vehicle or those with expired tags shall be parked in driveways or streets. No vehicle shall be parked on landscaped areas such as grass or granite. Building Repair No building or structure shall be permitted to fall into a state of disrepair. The owner of every home or structure is responsible at all times for keeping the buildings in good condition and adequately painted or otherwise finished. In the event any building or structure is damaged or destroyed, the owner is responsible for immediate repair or reconstruction. Roofs must be kept in good repair at all times. Trails Trails are common area and as such, are under control of the Superstition Foothills Community Association. Trails cannot not to be changed or altered in any way without prior Board approval upon the recommendation of the Trails Committee Chairman. All motorized vehicles with the exception of handicapped, emergency and landscaper vehicles are prohibited on the trails within Superstition Foothills. Walls & View Fences The Owners of contiguous Lots or Parcels who have a Party Wall shall both equally have the right to use such wall or fence, provided that such use by one owner does not interfere with the use and enjoyment of same by the other Owner. (See C C & Rs item (p) page 16) No structures may be attached to party or common walls. No alterations or changes are to be made to view fences. Individual owners are responsible for the maintenance of their portions of Party walls. When painting any portion of Party walls that are visible from common areas, neighboring property, or public areas, the paint color must be the base color of the house or Brittle Bush, Dunn Edwards Paints #SP2740, the color of the common area walls. Owners are responsible for the maintenance of the inner 25% of their View fence. If an owner paints the inner 25% of their view fence it must be painted Superstition Foothills View Fence, the color of the view fences, # , by Dunn Edwards Paints,. Contact the Management Company for further clarification. Use discount # to receive a 24% discount ar Dunn Edwars Paints. FIREARMS AND OTHER DANGEROUS DEVICES: The use of all firearms, pellet guns, air guns, BB guns, paint guns, sling shots, bows and arrows, or any type of projectile throwing device and all trapping devices, by an owner or resident or a guest of an owner or resident, is strictly prohibited on all common area property. 13

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15 EXHIBIT B APPROVED PLANT PALETTE Plants contained in the Master Plant Palette (Appendix A) are believed to be compatible with the Sonoran Desert and the Superstition Foothills Site. All species of cacti are acceptable for use within the project. All plants within streetscapes, front yards and side yards visible from the street, must adhere to the Master Plant Palette. Plants above six feet (mature height) in rear or side yards or in public view within Superstition Foothills must adhere to the Master Plant Palette. Plants below six feet at mature height in rear yards are open to owner's discretion so long as they are not listed in the Prohibited Plant List (Appendix B). 15

16 PROHIBITED PLANT PALETTE 1. Any species of tree or shrub shall conform to the Approved Master Plant Palette whose mature height may be visible above patio walls or from adjacent property, unless it has been previously approved by the Master Developer. 2. All Palms (Palmae) whose mature height may reasonably be expected to exceed six feet (6 ) is prohibited. Any palm that will not exceed six feet (6 ) at maturity is allowed within the confines of a private garden * or rear yard. 3. All Pines (Pinus), Cypress (Cupressus), False Cypress (Chamaecyparis), Juniper or Cedar (Juniperus), whose mature height may reasonably be expected to exceed six feet (6 ) is prohibited. Dwarf varieties which will attain a height less than six feet (6 ) are allowed, but only within the confines of a private garden.* 4. Olive Trees (Olea europaea) 5. Oleanders (Nerium oleander) and Thevetia (Thevetia species). Dwarf varieties will be allowed within private gardens only.* 6. Fountain Grass (Pennisetum setaceum). 7. All varieties of Citrus. Dwarf varieties will be allowed within private gardens only.* 8. Mulberry Trees (Morus species). 9. Common Bermuda Grass (Cynodon dactylon). 10. Mexican Palo Verde (Parkinsonia aculeata). 11. Pampas Grass (Cortaderia selloana). 12. Buffelgrass (Pennisetum cilare) * Private gardens are considered areas not in public view within Superstition Foothills. 16