Hunter s Gate at Landen Homeowners Association

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1 Hunter s Gate at Landen Homeowners Association Architectural Control Committee Standards and Guidelines Revised: April 2016

2 Introduction Pursuant to authority granted to the Board of Directors (Board), and based upon recommendations provided by the Architectural Control Committee (ACC), the Board has adopted the following Standards and Guidelines which shall be used by the ACC (in addition to any and all standards, guidelines, or restrictions contained in the Covenants and Restrictions of the Hunter s Gate Homeowners Association) for reviewing and approving all proposed construction projects and other improvements to property within the Association. The Covenants and Restrictions provide as follows in Article 10, Section 1. Architectural Control : No building, pool, fence, wall, antenna or other structure or improvement on any Lot shall be erected, constructed, demolished, or altered until an application, including plans and specifications showing the nature, kind, shape, height, materials, and location of the same, shall have been submitted to and approved in writing by the Board or an Architectural Control Committee which has been empowered by the Board to approve such applications and comprised of three (3) Association Members who have been appointed by the Board; provided, however, that no such approval shall be required for alterations to the interior of any residential structure. If the Board or such Architectural Control Committee, having not theretofore approved or disapproved an application, fails to approve or disapprove an applications within ten (10) days following receipt of written notice of failure to act, which written notice is given at least thirty (30) days following receipt of the initial application, the application shall be deemed approved. Homeowners are reminded that under the terms of the Covenants, the Architectural Control Committee has a period of thirty days to complete a review once a proper written application has been received. You should plan your projects accordingly. The Committee is made up of volunteer homeowners and they also have commitments and responsibilities. It is not reasonable to expect an immediate review of any project when you fail to submit your request in a timely manner. The ACC has stated that they will attempt (not guarantee) to process your requests within shorter time frames, but they will need at least two weeks. In reviewing and approving (or denying) proposed projects, the ACC is guided by these guidelines and the community s Declaration of Covenants, Conditions and Restrictions. Under N.C. law, every homeowner is bound by the provisions set forth in the Declaration, and all homeowners are encouraged to review this document in addition to the attached Guidelines so that you will clearly understand your responsibility and your rights. The Board may revise the guidelines or adopt new guidelines at any time based upon developing needs of the community. It is the objective of the Board and the ACC to apply these guidelines in a manner that is consistent and fair to all homeowners. However, circumstances differ greatly between each proposed project and decisions must be made upon the specific plans of the homeowner, the characteristics of the property and all other contributing circumstances. Therefore, actual application of the Guidelines may vary as approved by the Board. Homeowners may appeal adverse rulings of the ACC to the Board of Directors. Page 2 of 10 Revised: 4/2016

3 Standard & Guidelines The following items address some of the improvements for which an application must be submitted, reviewed, and approved. This list represents typical improvement requests that have been received. As a result, this list should not be considered as all inclusive. 1. Setbacks a) No building may be erected on any Lot nearer to any street line than the building setback lines shown on the recorded plat map. In addition, no building, garage, or other structures shall be located to a side or rear lot line than permitted by the Charlotte/Mecklenburg zoning ordinances in effect at the time of application. b) No fence or wall shall be erected on any building plot closer to any street right-of-way than the building setback lines (front, side and rear) shown on the recorded map. c) Mobile house trailers, campers (with or without wheels), commercial vehicles, boats or trailers may not be parked within the front or side street setback lines, or on the street. d) Mecklenburg County Code requires that any structures constructed within the 40 foot rear setback must 1) be detached from the house, 2) be at least four (4) feet from the house, and 3) observe a setback of at least two (2) feet from the rear and side property lines. 2. Project Duration Unless otherwise specifically approved in writing by the Architectural Control Committee or the Board of Directors (ACC/Board), all projects must be initiated within 120 days of the project approval and should be completed in a timely manner (within 6 months). 3. Utilities Utilities for any residence and any additions must be underground and must adhere to applicable codes (in effect at the time of project application) enforced by the controlling governmental authority for such utilities. 4. Outbuildings a) Size - No greater that 10 by 12, unless specifically approved by the ACC/Board. b) Height - Highest point should be not more than 10 ; maximum sidewall height is 7. c) Roof Design - Single pitch roofs will not be approved. All outbuilding roofs must be constructed of shingles, which match those on the roof of the house. d) Quantity - No more than one outbuilding per Lot shall be approved. Page 3 of 10 Revised: 4/2016

4 e) Wall Material - Exterior walls should be constructed of either hardboard siding to match the house, or of T-111 plywood. No particleboard, standard plywood, or cinder block will be approved. f) Exterior Finish - All outbuildings must be trimmed and painted, in their entirety, in the same quality materials and colors of the house. g) Location 1) All outbuildings must be located in an area outlined by a line extending 30 from the two outmost rear corners of the house (running parallel to the sides of the house), and then extending diagonally outward to the two rear property corners (see Attachment A). 2) Any outbuilding located within 30 of the rear of the house must be positioned at least 4 from the rear of the house. 3) No outbuilding will be approved in locations on either side of the house. 4) If an outbuilding is to be placed at the rear of a Lot, the rear Lot line dimension must be at least three (3) times the widest dimension of the outbuilding. For example, a 10 x10 outbuilding placed at the rear of a Lot would require the rear property line be at least 30 feet in length. 5) Outbuildings must be placed at least 3 from any property boundary and sufficient clearance should be allowed for proper maintenance. 6) Outbuildings must be placed no less than 50 feet from any street right-of-way adjacent to the property. 7) Outbuildings should not be placed within any utility easements. h) Dog Houses - May not exceed 4 W x 4 D x 3 H and should be constructed of materials described for outbuildings. No more than three (3) doghouses will be permitted on any lot. Location restrictions are the same as those provided for outbuildings. Fenced dog pens are not permitted. See Fences (Section 5, Item g) for details. 5. Fences a) No fence will be approved closer to any street right-of-way than the building setback lines shown on the recorded map. b) Chain link fences will not be approved. c) Perimeter fencing shall not have more that 70% of its surface closed as viewed from a point on a line of sight perpendicular to the line formed by the line of the fence. If, for example, fence slats were 4 inches in width, then spaces of 1.7 inches would be required between each slat. d) Perimeter fencing may be not more than 6 in height. Page 4 of 10 Revised: 4/2016

5 e) All fence support posts must be placed on the inside of the fence, facing the house. f) Fencing of a more solid or privacy nature may be used immediately surrounding patios, wood decks, or pools as privacy screens if specifically reviewed and approved by the ACC/Board. g) Fencing for stand-alone animal pens is not permitted. Perimeter fencing should be used to contain pets within a yard. 6. Windows a) Wood windows may be replaced with vinyl windows of similar design and appearance. b) It is encouraged that any window being replaced that contains lattice, be replaced with a window with a similar lattice design. c) When replacing windows, consistency of the look of the windows must be maintained. All windows on the front or the side of the home that face a Hunter s Gate neighborhood street, must either 1) all contain lattice of a similar design or 2) all have no lattice. 7. Lighting Any freestanding security lights in the front yard must be less than 7 in height, and less than 10 in the back yard. This does not apply to eave-mounted security lights. 8. Driveways a) Driveways should be made of concrete. Any other materials used for a driveway, or the proposed painting of a driveway, must be reviewed by and specifically approved in writing by the ACC and Board. b) Circular driveways will not be approved. 9. Mailboxes Several different kinds of mailboxes were installed in the neighborhood during construction since three different builders were involved in the development. Hunter s Gate prefers that a metal mailbox with a built-in paper box and decorative bottom support be installed if a homeowner needs to replace their mailbox. Contact the Board of Directors or the Architectural Control Committee for vendors that can provide such a mailbox design. 10. Basketball Goals Permanent and mobile basketball goals are allowed only along the homeowner s driveway or in the backyard. No basketball goals can be placed at the curb of the street or in the street. Page 5 of 10 Revised: 4/2016

6 11. Pools a) Above-ground pools will not be approved or permitted at any time. An exception is permitted for inflatable Kiddy pools which are less than four feet in diameter and less than three feet in height. These may be used on a daily basis but must be removed from view every evening. b) Pools must be located in the rear of the residence. The Association requires screening visibility of the pool area from the street (to the extent possible) using plants, trees, or approved fencing. c) Pool pumps and filtration equipment cannot be installed in a location on the lot that is forward of the rear edge of the house. Further, all such equipment must be installed somewhere on the back side of the home, as far as possible from adjacent homes. Pool pumps and filtration equipment must be properly maintained in order to avoid unnecessary noise pollution. Approval of any pool is contingent upon the Homeowner ensuring that the pump, filter and other associated equipment do not create a noise issue for the neighbors. Should the equipment be considered at any time to be a noise issue for neighbors (as verified by the Board and the Architectural Control Committee (ACC)) the homeowner will be required to seek and obtain noise reduction measures within 15 days of a request by the Board or the Chairman of the ACC. These measures may include covers or sound buffering materials and must be approved by the ACC d) Pools will not be approved unless approved fencing is erected around the perimeter of the pool area. Gates must have a functioning latch so that small children or pets can t access the pool area without adult assistance. e) Pools and fencing must comply with all local governmental standards. f) Prior to installation of a pool, the installing homeowner must ensure that installation of the pool will not adversely affect or change the direction of flow of any drainage channels in the easement or which may obstruct or retard the flow or water through drainage channels in the easements. g) Pools will only be allowed to the extent that they are regularly maintained and in proper working order. Pools must be cleaned on a regular basis and all pumps and filtration equipment must be continuously maintained in good working order. h) If a pool is not fully functional or not properly maintained and the water becomes stagnant, dirty, and/or contains (in the judgment of the Architectural Control Committee and/or the Board) a significant amount of debris, algae, or other foreign matter, the pool will lose its approval status immediately and the following actions will be taken by the Association: 1) Initial written notice will be issued from the Association allowing two weeks from the date of the notice to correct the situation. 2) If the pool is not brought into full compliance within the specified two week period, the Board will file a complaint with the City/County government, and 3) The homeowner will also be provided with a second notice requiring that the matter be addressed, within specified time frames, by effecting either full repair or removal (including filling-in with dirt) of the pool and restoring landscaping based upon a plan submitted to the Architectural Control Committee for approval. Page 6 of 10 Revised: 4/2016

7 4) Failure to comply with the second order will result in daily fines imposed by the Board (after written notice and the opportunity to be heard), until corrective action is complete or until the pool is removed and approved landscaping is replaced. i) If a homeowner decides to remove an existing pool, they must submit a plan for removal and planned landscaping to the Architectural Control Committee for review and approval PRIOR to removal of the pool. 12. Hot Tubs or Spas a) Hot Tubs or Spas integrated within in-ground pools or decks attached to the home are acceptable. b) Stand alone Hot Tubs or Spas must meet the following requirements or deviations must receive specific approval: 1) Located within fifteen (15) feet of the rear of the home. 2) Should not be visible from the front of the property. 3) Have appropriate shielding on the sides (with fencing or landscaping) to obscure the view from adjacent homeowners. 13. Antennas, Satellite Dishes a) No radio or television transmission or reception towers, antennas or discs ( dish-type antennas) shall be approved, except as provided below. b) A small (less than one meter (39.37 ) in diameter) dish-type television reception device is permitted. When installing a satellite dish, it should be located, to the extent possible, that it is not visible from the front of the property. In certain circumstances, this may not be possible due to the alignment of the home or interferences from adjacent trees and homes. In an effort to ensure minimal visual intrusion of the satellite dish and the reception of an adequate signal, the following locations, in order of priority, should be attempted when locating the dish: 1) At the rear of the home 2) On the side of the home 3) In any location where an adequate signal can be received but is as visually discreet as possible. c) Satellite dishes as described above, should be neutral in color and blend with the existing color scheme of the neighborhood. Page 7 of 10 Revised: 4/2016

8 14. Exterior Painting The intent of this guideline is to limit the color choices for the exterior of homes to the exterior color schemes which were originally established for this neighborhood, and yet provide a mechanism for approval of deviations. This ties into the general purpose of the Association, which is to promote consistency to the extent that uniform, minimum guidelines with respect to the appearance of homes be developed, thereby preserving the aesthetic appearance of the neighborhood and the value of each member s home. a) Any homeowner may repaint the exterior of their home using the same colors, which already exist, on the house. It is required that, prior to repainting, a request be submitted to the Architectural Control Committee to verify all colors being used to repaint the house are the same existing colors. This request applies to all painted surfaces including siding, the front door, trim work, and shutters. This request will insure the homeowner s protection in the event of complaint or contest concerning the colors used. NOTE: There are some exceptions that have been identified by the Board of Directors. While all homeowners are allowed to repaint their houses using the existing colors, in some cases, it has been determined not to allow a particular color, or color scheme, to be used elsewhere within the subdivision. If a homeowner chooses one of these exceptions, the homeowner will be notified and the proposal will not be approved. b) The existing color scheme of a home may not be changed without approval by the Architectural Control Committee. Any request for a change must be submitted before painting of the home begins. Homeowners may bring a color scheme change proposal before the Association through the Architectural Control Committee (ACC) at any time. The proposal for a color scheme change must include examples of all colors that might appear on the exterior of the home. The ACC will evaluate the request considering the general aesthetics of the neighborhood, how well the proposed color scheme will blend into the neighborhood, and the color scheme of houses in the immediate vicinity of the home requesting the change. The ACC will make a ruling on the request and notify the homeowner. A homeowner may appeal the ruling by the ACC to the Board. The Board will make a determination for final resolution. 15. Exterior Materials Any materials (ex. siding, wood trim, doors, windows, shutters, shingles, etc) used to repair or refurbish the exterior of the home should be the same as those that were on the home originally. Deviations from the original materials may be allowed upon application to, and approval by, the Architectural Control Committee, but only to the extent that the materials proposed are specifically approved or were originally being used within the Hunter s Gate at Landen subdivision. The following specific materials have been reviewed and approved: a) Masonite is the original siding used on the homes within the Hunter s Gate neighborhood. Hardiplank (or similar fiber-cement based siding) is an approved substitute for Masonite siding. b) Aluminum or vinyl siding will not be allowed, except that a homeowner may be allowed to replace materials comprising the soffit (the underside of the eaves) and or the fascia boards (the visible boards located just underneath the outer edges of the shingles) with vinyl siding material upon specific approval by the ACC. Page 8 of 10 Revised: 4/2016

9 c) Wood trim around windows, doors and other areas may be replaced with composite or other suitable wood substitute materials (such as Hardiplank ) as long as it is painted to match the approved trim color. d) In addition to the original type and grade of shingles used on the home, Architectural style shingles are allowed and are encouraged based upon their strength, durability, and general appearance. Metal, tile or other roofing materials may not be used without specific approval by the ACC. The addition of a ridge vent on the roof line is acceptable provided the vent matches the roof color. 16. Solar Energy Systems A solar energy system (meaning solar panels, solatubes, or other form of solar energy capture devices) requires ACC approval prior to beginning installation. These guidelines are adopted to ensure uniform installation and design of a solar energy system and preserve the aesthetic quality of the community. Requests for approval of a solar energy system must contain the following: a) Plans showing visibility of the system from areas open to common or public access (e.g., public streets, association properties or common areas) b) A drawing (with dimensions) showing the proposed location of the system and how the equipment will be mounted, as well as a description of any visible auxiliary equipment c) Photographs or manufacturer literature for all proposed system components including specifications, color, materials, etc. Notwithstanding any other language in these guidelines, pursuant to North Carolina General Statutes Section 22B-20, the ACC may reject plans that reflect solar panels that are or would be visible by a person on the ground: 1) On the facade of a structure that faces areas open to common or public access; 2) On a roof surface that slopes downward toward the same areas open to common or public access that the façade of the structure faces; or 3) Within the area set off by a line running across the façade of the structure extending to the property boundaries on either side of the façade, and those areas of common or public access faced by the structure. To provide the best possible option for approval, to the maximum extent possible, a roof-mounted solar energy system shall be installed so as to minimize its exposure when viewed from areas open to common or public access (e.g., public streets, association properties or common areas). Panels may be angled to achieve optimum solar gain provided the top edge of the panel does not extend above the roof peak. All panels must be located entirely within a boundary defined by the roof eaves and peak. Visibility of the underside of the panels shall be minimized from areas open to common or public access. The preferred location of solar panels is either a ground-mounted array (at rear of the house) or a rear-facing, roof-mounted array. Ground- or pole-mounted arrays must not extend above the fence line and be screened from view from areas open to common or public access. Page 9 of 10 Revised: 4/2016

10 All components of the solar system should be integrated into the design of the home. The color of the solar system components should generally conform to the color of the roof shingles to the extent practical. Solar shingles that mimic the look of a composite shingle are acceptable but should match the color of the current roof shingles as much as is practical. Efforts must be made to make the solar energy system an integral and harmonious part of the architectural design of the residence. Visibility of any plumbing, wiring, or auxiliary equipment should be minimized as much as possible. All system components visible from areas open to common or public access and not involved in energy production should be painted to blend with roof coloring. The installation of the solar energy system shall be performed by an installer licensed to install such systems. Please take the time to review these guidelines and your Covenants and Restrictions before you proceed with any exterior improvements. Failure to comply with these guidelines may result in the Association s Board of Directors using any and all remedies available under those documents, including fines, legal actions, and the filing of liens. You may also be required to perform repair work at your own expense to return the property to its original state. Please work with us to ensure that Hunter s Gate remains an attractive subdivision so that we may preserve and enhance our property values. Page 10 of 10 Revised: 4/2016

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