Riverwood by Del Webb Community Association, Inc. Design Guidelines

Transcription

1 Riverwood by Del Webb Community Association, Inc. Design Guidelines Board Approved Each Member is required to submit plans to and receive written approval from the ARC prior to performing any changes whatsoever to the exterior of their home or lot site. Exterior Modification Applications are available at Resident Services. It shall be the responsibility of each Member to comply with all standards and requirements of these Design Guidelines.

2 Prepared By Document Member(s) Peggy Haworth Tara Jinks Organization Role Community Association Manager Community Association Board President (at time of preparation) Version Control Version Date Facilitator Change Description 1 8/14/2012 TMJ Initial Launch 2 05/01/2013 PH/ARC All changes adopted by the BOD are noted at end of section modified or added. 3 02/17/2014 BOD/ARC/PH All changes adopted by the BOD are noted at end of section modified or added. 4 03/20/2015 BOD/ARC/PH/LA All changes adopted by the BOD are noted at end of section modified or added designated by date. 5 3/30/2016 ARC/BOD/PH/SJ All changes adopted by the BOD are noted at end of section modified or added designated by date. 6 02/15/2017 ARC/BOD/PH/SJ All changes adopted by the BOD are noted at end of section modified or added designated by date Last Revised: ph P 2 of 62

3 Table of Contents 1 DEFINITIONS INTRODUCTION AUTHORITY GOVERNMENTAL BODY OR ORGANIZATION REQUIREMENTS HEIRARCHY FAWN GULLY (CARRIAGE CONDOMINIUM HOMES) MONTEREY (CONDOMINIUM HOMES) ARCHITECTURAL REVIEW PROCESS Architectural Review Application Submissions ARC Review ARC Review Processing Fees ARC Response Written Decisions and Oral Statements Changes to Approved Applications Approval Expiration ARC Inspections Damage to Community Improvements Policies and Procedures Appeal Process Appeal to BOD for ARC Denial Non-liability for Approval of Plans Time Periods Enforcement of Instruments Last Revised: ph P 3 of 62

4 Changes and Amendments to these Design Guidelines New Construction Renovation and/or Alteration of Existing Property Developer s Improvements ARCHITECTURAL REVIEW COMMITTEE SUBMISSIONS Required Approvals Members Request for Changes and Alterations Submittal Components Landscape Changes Structural Changes Sight Distances at Intersections Installation without Prior Approvals [INTENTIONALLY OMITTED] MODIFICATIONS TO THE STRUCTURE Homes Height Setback Lines Allowed Materials Lot Drainage / Roof Drainage Roof and Roof Pitch / Slope Front Enclosure MODIFICATIONS TO THE EXTERIOR OF THE HOME Air-Conditioning Units Last Revised: ph P 4 of 62

5 12.2 Awnings Barbeques Birdcages Clotheslines Patio Enclosures Door Ornaments Driveways, and Private Walkways Extended Patios Fences Fences Invisible Pet Containment System Flags and Flagpoles Front Doors Fuel Tanks Furniture - Outdoor Garage Doors including Golf Cart Garage Doors Generators Ground-mounted Mechanical Equipment Hoses Lanais Lighting Lightning Rods Mailboxes Last Revised: ph P 5 of 62

6 12.24 Medallions Outdoor Kitchen Paint Pergolas Pools, Spas, Jacuzzis Prohibited Structures Roof-mounted Attic Fans Roof-mounted Solar Panels and Tubes Satellite Dishes, Antennas Shutters Security Cameras Signs Solar Window Screens Stone Veneer Storage of Tools, Machinery Trash Containers/Recyclables/Yard Debris Trim Walls Wall Decorations Wall Fountains Water Softeners/ Purifier Systems Wind Chimes Last Revised: ph P 6 of 62

7 12.46 Window Additions and Replacements Window Boxes Window Tinting Window Replacement Window Treatments MODIFICATIONS TO THE LANDSCAPE LIVING THINGS AND MULCH MATERIALS Developer s Improvements Dead or Diseased Landscape Florida Friendly Mix of Plantings Mulch Materials Mulch Material - Designs Permitted Ground Cover Plastic Sheeting Preferred Landscape Materials Restrictions on Paved Cover Rock Yards Shrubs Sod Buffer and Drainage Trees Turf Grass (Sod) Uniformity Last Revised: ph P 7 of 62

8 14 MODIFICATIONS TO THE LANDSCAPE NOT LIVING THINGS Arbors Artifacts Birdbaths Birds Bird Feeders Fire Features (Barbeques, Chimneys, Fire Pits and Fireplaces) Flowers - Artificial Water Features Holiday Decorations Plant Bed Edging Planting Pots Ponds Raised Planting Beds Statues Trellises Wells Terraced Plant Beds APPENDIX A PREFERRED LANDSCAPE MATERIAL Last Revised: ph P 8 of 62

9 1 DEFINITIONS The words used in these Rules and Regulations shall be given their normal, commonly understood definitions unless specifically defined in the Governing Documents or within these Rules and Regulations. This is not an exhaustive list of all terms used within this document. A. Architectural Review Committee B. Birdcage - an open air screen enclosure attached to the home C. Carriage Association - the Riverwood by Del Webb Carriage Home Condominium Association, Inc. D. Community Association Manager (CAM) E. Developer - to PULTE HOME CORPORATION, a Michigan corporation, its successors and such of its assigns as to which the rights of Developer hereunder are specifically assigned. F. Lanai - is a patio addition to the home with a solid roof. G. Management - a member of Management includes, but is not limited to the Community Association Manager, Lifestyle Director and Maintenance Supervisor employees of the Management Company. H. Member(Member Resident) - a person or entity who is a record Owner of a fee interest in any Riverwood Lot or Unit, including the Developer I. Monitor - an employee of the Management Company that assists Management in the management, maintenance and operation of Common Property. J. Monterey Association - the Riverwood by Del Webb Monterey Condominium Association, Inc. K. Non-Member Resident - a Riverwood Resident who is not a record Owner of a fee interest in any Riverwood Lot or Unit L. Patio - is a ground level flat deck extension to the home made of concrete or hardscape materials that has no roof. M. Resident - a Qualified Occupant who stays overnight in a Lot or Unit for at least ninety (90) days in a consecutive twelve (12) month period. The term Resident includes both Members and Non-Member Residents. (Modified by BOD ) Last Revised: ph P 9 of 62

10 2 INTRODUCTION Riverwood by Del Webb is an active adult community designed to respect the visual character of its site and to minimize environmental impacts. The Board has adopted these Design Guidelines to sustain these principles and fulfill the below objectives: To preserve and maintain the inherent qualities of the community and individual neighborhoods while allowing for the design and construction of individual homes. To advocate the protection and promotion of property values through the establishment of written standards. To exercise architectural control within the Community by reviewing improvement modification requests submitted by Members for their property. The Design Guidelines provide an overall framework to allow the community to develop and progress in an orderly and cohesive manner, implementing planning concepts and philosophy which are required by regulatory agencies and desirable to Members. The Design Guidelines include minimum standards for the design, size, location, style, structure, materials, color, mode of architecture, and mode of landscaping and relevant criteria for the construction and modifications of improvements of any nature. They also establish a process for judicious review of proposed new modifications within the community. These Design Guidelines have been created by Pulte Home Corporation, Inc. ( Developer ). Pursuant to the Amended and Restated Declaration of Protective Deed Restrictions and Covenants for Riverwood ( Declaration ) recorded in St. John s County, Florida. They may, and likely will, be changed and amended to serve the needs of an evolving community pursuant to the procedures set forth in the Declaration and in these Design Guidelines. The Developer established the Riverwood by Del Webb Community Association, Inc. ( Association ) and established the Architectural Review Committee ( ARC ), which is authorized to oversee administration of these Design Guidelines. Adherence to the standards contained in these Design Guidelines will contribute to the continuation of the inherent and natural attributes of the community as a highly desirable place to live. Last Revised: ph P 10 of 62

11 3 AUTHORITY The Architectural Review Committee has been established to create, develop, foster, maintain, preserve, and protect within Del Webb Ponte Vedra a pleasant, attractive, and harmonious physical environment. Until ninety percent (90%) of the Properties have been developed and conveyed to Members, the Developer shall have the exclusive authority to administer and enforce architectural controls and to review and act upon all applications for original construction within Riverwood. There shall be no surrender of this right prior to that time except in a written instrument in recordable form executed by the Developer. The Riverwood by Del Webb Community Association s Board of Directors may, at its option, create and appoint an ARC. The Design Guidelines serve only as a supplement to the Homeowners Association Governing Documents and not a substitute for reading all of the Governing Documents. The attached information shall not be considered an all-inclusive list of the operating guidelines and responsibilities of every Member. Reference shall be made to the Governing Documents which include the Community Declaration, the Articles of Incorporation of the Community Association and the By-Laws of the Riverwood by Del Webb Community Association, Inc. (Modified by BOD ) Last Revised: ph P 11 of 62

12 4 GOVERNMENTAL BODY OR ORGANIZATION REQUIREMENTS Before planning any modifications to your home or landscaping requiring approvals under these Design Guidelines, you are encouraged to consult with the appropriate governmental agency to determine if there are any applicable governmental requirements. Approval by the ARC does not relieve the Property Owner or Member of any requirement to secure the necessary permits, authorizations, inspections, etc., before beginning work on a project. If governmental authorizations or permits are required, then the sequence for addressing this requirement is as follows: A. Submit the ARC Application and secure ARC approval. B. Submit the approved ARC application and any other documentation required to secure governmental authorization or permits. C. If the governmental authorization or permitting process generates revisions to the original ARC Application, then submit a revised ARC Application and all relevant documentation for ARC re-approval to ensure Design Guideline compliance and prior to beginning any installation work associated with the ARC Application. (Modified by BOD ) Last Revised: ph P 12 of 62

13 5 HEIRARCHY To the extent that any government ordinance, building code or regulation requires a more restrictive standard than that found in these Design Guidelines or the Declaration, the government ordinance, building code or regulation shall prevail. To the extent that the government ordinance, building code or regulation is less restrictive than these Design Guidelines or the Declaration, then the Declaration and Design Guidelines shall prevail. (Modified by BOD ) Last Revised: ph P 13 of 62

14 6 FAWN GULLY (CARRIAGE CONDOMINIUM HOMES) All ARC requests for the Common Elements (including Limited Common Element) submitted to the Condominium form of ownership by the Declaration of Condominium for the Riverwood by Del Webb Carriage Home Condominium may only be submitted to the Community Association s ARC by the Carriage Association s Board of Directors. All ARC requests for the Units submitted to the Condominium form of ownership by the Declaration of Condominium for the Riverwood by Del Webb Carriage Home Condominium shall include an ARC approval from the Carriage Association s Board of Directors prior to submitting to the Community Association s ARC. Said ARC approval by the Carriage Association s Board of Directors shall include a statement confirming that the Unit Member s ARC request is for the Unit Member s Unit only and that Common Element of the Condominium is not impacted by the ARC request. Last Revised: ph P 14 of 62

15 7 MONTEREY (CONDOMINIUM HOMES) All ARC requests for the Common Elements (including Limited Common Element) submitted to the Condominium form of ownership by the Declaration of Condominium for the Riverwood by Del Webb Monterey Condominium may only be submitted to the Community Association s ARC by the Monterey Association s Board of Directors. All ARC requests for the Units submitted to the Condominium form of ownership by the Declaration of Condominium for the Riverwood by Del Webb Monterey Condominium shall include an ARC approval from the Monterey Association s Board of Directors prior to submitting to the Community Association s ARC. Said ARC approval by the Monterey Association s Board of Directors shall include a statement confirming that the Unit Member s ARC request is for the Unit Member s Unit only and that Common Element of the Condominium is not impacted by the ARC request. Last Revised: ph P 15 of 62

16 8 ARCHITECTURAL REVIEW PROCESS 8.1 Architectural Review Application Submissions Architectural review applications are available at the Resident Services desk in the Anastasia Club and shall be delivered back to the Resident Services desk or to mailed to the ARC at the below location: ARC Riverwood by Del Webb Community Association, Inc River Run Blvd Ponte Vedra FL ARC Review The ARC may review such submittals with or without a meeting and based solely on the information contained within each submittal. 8.3 ARC Review Processing Fees A Member will be charged a Review Processing Fee in the amount approved by the BOD for each ARC request application submitted. (Modified by BOD ). 8.4 ARC Response The ARC shall make a determination on applications within thirty (30) days of the completed application s receipt by the ARC. Upon completion of review by the ARC, a copy of the application shall be returned to the Member within 2-business days. ARC s decision shall be rendered in one of the following four forms: Approved as Submitted The entire document submitted is approved in total Approved with the Conditions Noted Below The document submitted is approved in whole or in part, and the Member may proceed with the work to be performed subject to any and all notations on the submittal. The Member is responsible for compliance with said notations. Incomplete During a scheduled ARC final review, the ARC discovered that the Member had not completed all the work that the Member needs or plans to complete. Denied The entire application as submitted is not approved and no work may commence. The Member may make changes to the application and resubmit for subsequent consideration by the ARC without incurring an additional $25-fee. (Modified by BOD ) Last Revised: ph P 16 of 62

17 8.5 Written Decisions and Oral Statements Applications and supporting documentation on file with the ARC and written approvals as may be issued by the ARC shall be the sole source of reference regarding ARC approval. Any reference in this manual to ARC approval or similar terms and phrases shall be interpreted as approval in writing; Oral statements may not be relied upon. Upon receipt and review of an application, the ARC will render its decision on the application form, indicating Approved as Submitted, Approved with the Conditions Noted Below or Denied. All supporting documentation attached to the application will be retained by the ARC. 8.6 Changes to Approved Applications All modifications shall be substantially completed in accordance with Applications and Design Documents as approved by the ARC. Changes to Applications or Design Documents shall receive prior written approval of the ARC, whether such changes are desired by the Applicant or required by the requisite building department, utility companies or governmental authorities with jurisdiction over such improvements. 8.7 Approval Expiration All approved modifications shall be commenced and be completed within 6 months of approval unless a project duration extension is requested and approved. If no duration extension was approved and the modifications are not complete within the 6 month, then Member(s) will have to reapply. (Modified by BOD ) (Modified by BOD ) 8.8 ARC Inspections Periodic inspections may be made (but shall not be required) by a representative of the ARC during or after completion of the modifications to determine compliance with Applications and the Design Guidelines. Members are required to provide reasonable access, be present upon request, and cooperate fully with members of the ARC and its representatives. Members are obligated to take remedial action as may be required by the Association to bring violations into compliance. 8.9 Damage to Community Improvements Members are responsible for the cost and repair or replacement of any improvements in Common Areas or neighboring properties that are damaged or destroyed by Resident or Resident's agents, employees, contractors, subcontractors or suppliers. Members are responsible for the cost and expense for any repairs or replacement that may be required to restore improvements to their original condition. Affected improvements include, but are not limited to, damage to utilities, Last Revised: ph P 17 of 62

18 infrastructure, trees and other landscaping, drainage improvements and facilities, erosion control devices, vertical improvements, street lights, signage, rights-of-way, sidewalks, curbs and roadways. In the event the Member fails to complete necessary repairs within the timeframe determined by the Association, the Association shall have the right, but not the obligation, to perform such repairs at the Member s cost and expense. Member s contractors cannot stage materials on the street. Memberss are responsible to keep the common sidewalk between their yard and the street in a clean condition (pressure washed). The HOA is responsible for repairs to the common sidewalk. Members are responsible to keep their driveway, to include their driveway apron, in a clean condition and in good repair. Homeowners are prohibited from encroaching on any part of the HOA Common Areas. Encroachment is defined as assuming illegal occupancy, control, possession or use of any part of the Common Areas through unauthorized use, extension of property line, planting, dumping (grass or vegetation trimmings or other materials), or making improvements of any kind Policies and Procedures In addition to the other provisions within these Design Guidelines and the Declaration, the following policies and procedures apply to improvements within the community: ARC Applications shall be consistent with the architectural style, materials and finishes of the existing home, and compatible with other homes in the neighborhood. Views from the street, adjoining properties, and Common Areas will be taken into consideration with regard to the approval of modifications. The ARC shall conduct a site visit prior to rendering a decision on applications for the following: o o o o Additions to the home Birdcages Fencing that is not proposed to be located on the property line Pools At the option of the ARC, comments on proposed modifications may be solicited from other Residents. The ARC may, but is not obligated to, take into consideration the comments of others before rendering a decision on an application. Members are solely responsible for selecting licensed and insured building and trade contractors to perform modifications. Members are solely responsible for obtaining Last Revised: ph P 18 of 62

19 adequate documentation to support Contractor s License and Liability Insurance. Appropriate permits (if applicable) shall be secured from requisite governmental authorities prior to the commencement of modifications. The ARC, via Management, may issue a stop work order in the event modifications are commenced without approval of the ARC or in violation of modifications as approved by the ARC. Building and trade contractors will not be permitted access to the community for the purpose of performing additional work on a Lot for which a stop work order has been issued. All modifications shall be completed within the time limit agreed to on the application, unless an extension of time is approved by the ARC. Previous Architectural Review Committee or Board of Director approvals are not a guarantee of future approvals. Each submission is reviewed solely on its own merits. (Modified by BOD ) Appeal Process The ARC has authority to approve applications that comply with the Design Guidelines. If the proposed modification requires a variance from the guidelines it will be denied by the ARC. Owners wishing to pursue the application shall refer to Section (Modified by BOD ) (Modified by BOD ) Appeal to BOD for ARC Denial A Member may submit to the CAM an appeal in writing to the Riverwood by Del Webb Community Association Board of Directors within thirty (30) days of the ARC s denial. The decision of the Board of Directors shall be final on all matters submitted to it. (Modified by BOD ) (Modified by BOD ) Non-liability for Approval of Plans Pursuant to Article 9 of the Declaration, the requesting Member shall be deemed to have automatically agreed to hold harmless and indemnify the noted members and representatives, and the Association generally, from and for any loss, claim for damages connected with plans and specifications or Proposed Improvements. The scope of any such review and approval by the ARC is limited solely to whether the respective plans or work meets certain requirements, standards, and guidelines of the Association as they relate to aesthetics and the harmony and compatibility of proposed improvements in the Property. No review or approval will be for any other person or purpose, and no person shall have any right Last Revised: ph P 19 of 62

20 to rely thereon, and any review or approval by the ARC will create no liability whatsoever of the Association, the Board of Directors, any member or representative of the ARC nor Developer to any other person or party whatsoever Time Periods Whenever any time period is measured in days and if any such time period expires on a Saturday, Sunday or national bank holiday, it shall be extended to the next succeeding calendar day that is not a Saturday, Sunday or national bank holiday. The time period for rendering decisions by the ARC for any step in the architectural review process shall not commence until receipt of applicable fees and complete Applications and Design Documents Enforcement of Instruments In the event of a violation of these Design Guidelines, the Developer or the Board of Directors may take any action set forth in the By-Laws or the Declaration. The Developer or the Board of Directors may remove or remedy the violation and/or seek injunctive relief requiring the removal or remedying of the violation. In addition, the Developer or the Board of Directors shall be entitled to recover the costs incurred in enforcing compliance and/or impose a fine against the lot and/or suspend common area privileges upon which such violation exists Changes and Amendments to these Design Guidelines The Developer and/or the Board of Directors may make amendments and changes to these Design Guidelines at any time as long as it owns any portion of the Subject Property or has the right to annex additional property in accordance with the Declaration. Any changes or amendments shall apply to construction and modifications commenced after the date of such amendment only and shall not require modification or removal of structures previously approved, i.e., grandfathering fences, etc., once the approved construction or modification has commenced New Construction The Committee intends to amend the Design Guidelines to allow existing properties to be adapted to reflect designs utilized in new construction by the Developer Renovation and/or Alteration of Existing Property The Board, through its Modifications or Architectural Review Committee, has exclusive jurisdiction over modifications, additions, and alterations proposed on or to existing Residential home exteriors and adjacent open space. During the Development Period, the Developer retains the right to veto any action of the Committee if those actions are determined to be inconsistent Last Revised: ph P 20 of 62

21 with the Design Guidelines or the Developer s vision of the Community Developer s Improvements As part of the planning and development of Riverwood by Del Webb, the Developer has prepared a development plan and provided certain architectural designs, color palettes, landscaping design packages, parks, open space, streets, model home packages, a sales pavilion, recreation center and tennis courts. Market conditions, styles, marketing strategies, or other factors may cause the Developer to change the types of models, size of home, location of future amenities or streets, color palette of homes, landscaping styles or plant materials, construction methods or materials or the landscaping on the common areas. Pursuant to Article 9 of the Declaration, the Developer and its affiliates are exempt from architectural control provisions and shall not be required to obtain ARC approval for any construction or changes which any of them may elect to make at any time. (Modified location only by BOD ) Last Revised: ph P 21 of 62

22 9 ARCHITECTURAL REVIEW COMMITTEE SUBMISSIONS 9.1 Required Approvals As described in the Declaration and/or the Design Guidelines, a Member is required to submit an application to the ARC and receive written ARC approval of plans as described herein prior to commencement of work for any project, including, but not limited to: A. Improvements subject to approval as listed in Article 9 of the Declaration B. Making external changes C. Modifying or adding to existing structure (including painting other than the original color) D. Installing a pool or spa or other water feature E. Constructing or installing fences, decks, or hard scape such as paving, walls, brick, masonry, plant bed edging, wood trim, concrete, rocks, flagstone, permanent outdoor barbeques, fireplaces, fountains, or other water features or any inert material. F. Landscape, alteration of grading or drainage G. Placement of any object, including furniture, ornament, monument, statue or similar accessory upon a lot that is visible from the street or by neighbors, including lighting, flags or lawn ornaments, except as specifically exempted herein. H. Other items as listed in the Declaration It is the responsibility of each Member to comply with all requirements and standards of these Design Guidelines in addition to the Declaration, any applicable Supplemental Declarations, and the requirements and standards of any governmental body or organization. 9.2 Members Each Member is required to submit plans to and receive written approval from the ARC prior to performing any changes whatsoever to the exterior of their home or lot site. It shall be the responsibility of each Member to comply with all standards and requirements of these Design Guidelines, as well as all requirements of the Declaration. 9.3 Request for Changes and Alterations It is the Member s responsibility for all applications submitted for alterations or modifications regarding the exterior of any existing house, whether it is landscape related or structure related to obtain a copy of the Contractor s License and Liability Insurance for their records and provide a copy if the ARC requests. If the Member is performing the alteration or modification themselves, no such contractor s documentation is required. Last Revised: ph P 22 of 62

23 The Member shall submit a completed ARC Application and plans for the proposed improvements as stated in these Design Guidelines. 9.4 Submittal Components One (1) set of the following are required to be submitted with all ARC applications: A. The Members name, neighborhood name and number, lot number, street address, and contractor information (name, address, phone number). (The ARC may request a copy of business license and copy of insurance coverage for the contractor). B. A lot survey showing north arrow, scale of drawing, existing property lines, all adjacent land uses - i.e. common area, boulevard, easements, and edge of streets and cart paths - and the proposed improvement drawn to approximate scale C. An estimated completion date. D. Listing of non-living additions to the property. E. Elevation Drawings with proposed improvement noted for additions such as birdcages or building additions and modifications. F. Drainage Plan with impact of proposed improvement noted, if any; if no impact on the property s drainage is anticipated, then a note to this effect shall be included. If changes are proposed that will affect the storm water management for the property or adjacent property, a study conducted by a licensed professional engineer shall be submitted with application. G. Plans and specifications showing the nature, kind, shape, height, materials and location of the proposed improvements. (Modified by BOD ) (Modified by BOD ) Landscape Changes In addition to the Submittal Components listed above, submit one (1) copy of the plan(s) including the following items for major changes within an existing plant bed or the addition of a new plant bed. Members can make like kind plant exchanges without ARC approval. A. Show proposed site features with labels and/or legend for house, service area(s), deck(s), patio(s), walk(s) and drive including any additional hardscape that Member desires, such as brick, masonry, landscape timbers, wood edging, concrete, rocks, or other inert materials. B. For additions to beds or new beds, proposed plant list including locations of proposed trees, shrubs, ground covers, mulching and grassing (all clearly labeled). Indicate center of proposed plant with a +. Last Revised: ph P 23 of 62

24 C. Amendments to a previously approved plan shall clearly indicate existing plantings to be removed, as well as the proposed replacements or additions unless the bed size and shape is not changing. D. List specifically on the ARC Application form any non-living additions to landscape plans, i.e., birdbath, statue, etc., showing size, materials, colors, etc.(modified by BOD ) Structural Changes In addition to the Submittal Components listed above, submit one (1) copy of the plan(s) including the following items: A. Member or contractor shall draw the proposed changes or alterations to the exterior elevation. If Member has a photograph of another house, or picture out of a magazine that will assist the ARC Committee, such photo shall be submitted. B. The application shall contain a description of the materials the Member plans to use in such changes or alterations. Samples shall also be submitted. C. If the change or alteration affects the roof or roofline, a roof plan shall also be submitted and conform to section D. Additions shall be staked out to scale so that ARC can visualize the proposed, new footprint during the ARC application approval process. E. Prior to final inspection the Member shall provide copies of approved county plans and permit. Prior to submittal of a request for a permit to be issued by the appropriate county agency, Member shall obtain the approval of the ARC for any plans, changes or alterations. Any permit issued, or approval by the appropriate county agency shall in no manner whatsoever bind the ARC with respect to approval or denial of any application for items submitted for consideration. The ARC shall be fully independent and will have full authority for approval or denial of any such matters. Neither the Association nor the ARC makes any representation regarding the effect that any modification application may have on the home warranty provided by Pulte Home Corporation to the Owner. Both the Association and the ARC advise the Member to contact the Pulte Home Corporation to determine whether their requested modification(s) may have an adverse effect on their home warranty. (Modified by BOD ) (Modified by BOD ) 9.5 Sight Distances at Intersections No fence, wall, hedge, or shrub planting shall be placed, permitted or maintained where such Last Revised: ph P 24 of 62

25 improvements would create a traffic or sight problem at intersections for Corner Lots or at the intersection of streets and driveways or pedestrian trails. No trees shall be permitted unless the foliage line is maintained at a sufficient height to prevent obstruction of sight lines for Corner Lots and intersections as set forth above. 9.6 Installation without Prior Approvals Each application shall be submitted to the ARC for approval prior to commencing work. Work started prior to the Member having the ARC s written approval is considered a violation of the Association s Governing Documents and is not means for automatic approval. The Member will be provided up to thirty (30) days from the date of notification by the Association to submit an application to the ARC. If an application is not received within the stated timeframe, then the Association will proceed as provided for in the Declaration. If the modification is not compliant with these Design Guidelines, then the Association will proceed as provided for in the Declaration. Last Revised: ph P 25 of 62

26 10 [INTENTIONALLY OMITTED] Last Revised: ph P 26 of 62

27 11 MODIFICATIONS TO THE STRUCTURE 11.1 Homes The architectural design of any and all alterations, repainting and renovations to the exterior of any home shall strictly conform to the design of the original home in style, detailing, materials, and color. There will be no structural additions permitted to the front of any home extending closer to the front lot line than the original front line of the home Height The height of any alteration to an existing home shall not be higher than the original roofline. Please refer to section 11.6 for roof restrictions Setback Lines An alteration to a home shall be built within the front, side and rear setback lines originally established, or as changed by the Developer with the requisite approval of St. Johns County, as applicable, regardless of more lenient requirements of any local governmental authority Allowed Materials All materials used in maintenance, repair and alterations shall match those used in the original construction of the home as to color, composition, type and method of attachment. (Modified by BOD ) 11.5 Lot Drainage / Roof Drainage When any additions, alterations, or renovations are performed to a home, the established lot drainage shall not be altered without a complete storm water management study produced by a licensed professional engineer. No Member shall alter the natural drainage on any lot to increase materially the drainage of storm water onto adjacent portions of the property without the consent of the Member(s) of the affected property and the ARC. All new or altered roofs shall drain to the ground solely within the deeded lot area. No drainage shall flow directly onto a neighboring property. (Modified by BOD ) 11.6 Roof and Roof Pitch / Slope The roof slope of any hard / shingled roof shall be consistent (similar pitch / slope) with the existing rooflines and be tied into the existing roof structure. Any roof alteration shall have the appearance of being part of the original structure. A request for any hard roof alteration shall be accompanied by photocopies of the architectural drawings and written specifications that will be submitted to the County. In no case shall the pitch Last Revised: ph P 27 of 62

28 of the roof be less than a 4/12 slope. The lowest edge of the new roof extension shall not be lower than the lowest point of the existing roof. (Modified by BOD ) (Modified by BOD ) 11.7 Front Enclosure No screen, vinyl window, acrylic or glass-enclosed room, or garage may be added to the front of any Residence. In addition, enclosing the front porch or entry area of any home is not permitted. Last Revised: ph P 28 of 62

29 12 MODIFICATIONS TO THE EXTERIOR OF THE HOME 12.1 Air-Conditioning Units No Member shall construct, erect, or place on their Lot any window air conditioning unit Awnings Though a solid color is preferred, an awning may have a striped pattern if there are no more than two colors of stripes and each stripe is at least 4 inches wide (i.e., the stripe pattern is not repeated any less than once every 8 inches). Awnings shall be white, cream, or earth tone in color and shall complement the overall color scheme of the home; brightly colored awnings are not permitted. Awnings shall be made of fabric; metal awnings are not permitted. Awning material may not have any wording, logo, or designs. The awning shall be retractable and wall-mounted, and shall be retracted if it is not in use. Awnings may only be located on the rear of the home over a window and/or lanai. After installation, awnings shall be maintained properly; awnings may not appear faded, loose, or torn Barbeques Barbecue equipment shall be stored on either a patio or a dedicated storage pad made from poured in place concrete, bricks or pavers. All dedicated storage pads are subject to Architectural Review Committee approval. All portable barbecue equipment shall be stored out of view or in the backyard reasonably concealed from view Barbequing shall be done in the backyard only; barbequing is not permitted on the driveway or in the front yard. Barbeque equipment shall be returned to its storage location as soon as it is safely possible to do so after its intended use and shall not be left out overnight. (Modified by BOD ) (Modified by BOD ) 12.4 Birdcages Birdcage additions (patio screen enclosures and pool screen enclosures) shall be constructed of bronze metal framing with standard charcoal color screen (not to be confused with solar screen). The birdcage shall be fully attached to the home on at least one of the birdcage s sides, have a minimum width equal to or greater than the width of the lanai. Birdcages shall not extend beyond the width of the rear of the home and can extend to within 10-feet of the rear lot line but in no case can they extend into an easement. Only gable, gable/hip, gambrel, or mansard rooftops are allowed. Only charcoal screen is allowed for the roof of a birdcage. All birdcage additions shall be constructed on poured concrete footers and be anchored in accordance with county building guidelines. A birdcage structure may have a matching color vinyl kick plate around the bottom. Last Revised: ph P 29 of 62

30 The kick plate may be a maximum height of twenty inches (20 ) high. Birdcages may not be higher than the highest ridgeline of the roof on the home and no lower than the home s lowest roofline. Homes encompassing a combination of one and two-story elements will be evaluated on a case-by-case basis by the ARC. Plans shall include a determination by a licensed contractor that the lanai will adequately support and anchor the enclosure. Birdcage, roofs only, can have Lexan, 10MM, bronze, twin wall polycarbonate panels (Modified by BOD ) (Modified by BOD ) (Modified by BOD ) (Modified by BOD ), (modified by BOD 02/02/2017) Clotheslines No Member shall place, erect, install or construct a Clothesline System on any Lot without submitting plans to and receiving written approval from the ARC. A. As herein used, the term Clothesline Systems shall include the following outdoor systems: Pole-to-pole clotheslines; Fixed head rotary clotheslines; Folding rotary clotheslines; Retractable clotheslines; Wall mounted drying racks; Fold down drying racks; Window mountable clothing drying racks; and Other systems designed for the outdoor drying of clothes B. The purpose of this Subsection is to support the use of renewable energy sources while protecting the aesthetics of the community and ensuring the health and safety of the community in the event of a hurricane or other wind storm. Pursuant to Section , Florida Statutes, the ARC shall not prohibit homeowners from installing a Clothesline System; however, the ARC may oversee the location, size and installation of the Clothesline System, so long as its oversight does not have the effect of prohibiting the Clothesline System. C. Installation Requirements (1) All materials shall meet or exceed applicable building codes in effect at the time of Last Revised: ph P 30 of 62

31 installation. (2) To the extent possible, without materially affecting system operation, exterior Clothesline Systems shall be located in the rear yard of the home at least ten (10) feet from any lot line. If possible, the exterior Clothesline Systems shall be positioned so they re not be visible from the street. (3) No exterior Clothesline System shall be permanently installed in a setback area. (4) No exterior Clothesline System shall be attached to trees, perimeter walls, fencing or any other object not specifically designed for use as part of a Clothesline System. (5) Prior to digging, the Member shall ensure compliance with F.S. Chapter 556, Underground Facility Damage Prevention and Safety. (6) Ground mounted supports SHALL be installed using removable supports, such as the removable support shown in Diagram A, below. Supports SHALL be removed and stored out of sight when not in use. NOTE: Set support to the depth recommended in manufacturers installation instructions. D. Use. No items are permitted to remain on a Clothesline System overnight. Items being dried shall be removed by dusk Patio Enclosures See section (Modified by BOD ) (Modified by BOD ) Last Revised: ph P 31 of 62

32 12.7 Door Ornaments One Seasonal Ornament, per front entry door is allowed and may include artificial flowers, excluding holiday ornamentation. (See section C Holiday Decorations). ARC approval is not required for door ornaments. (Modified by BOD ) 12.8 Driveways, and Private Walkways A. Changes to width of a driveway or private walkways (path from side of driveway to front entrance of the home) will be considered on a case-by-case basis. B. Members may paint or stain their driveways or walks using approved colors and grade as listed at Resident Services. Membeer will be required to properly maintain paint or stain areas.clear sealent is allowed without written approval from the ARC Extended Patios A. All extended patios must: a. Be made of concrete or approved brick paver material/color, b. Shall be located immediately next to the existing lanai slab, c. Shall be graded away from the existing slab, d. All outside exposed edging shall either be painted to match the home s body color or finished with a stone surface, e. Members are responsible for any damage incurred to the utility service and or the adjacent property, B. Extended patios at the front of the home shall conform to the A section above plus: a. Shall extend from the front wall of the home no further than seven feet (7 ) b. Shall not extend beyond the width of the home. C. Extended patios at the back of the home shall confirm to the A section above plus; a. Shall be level with the existing lanai slab at the adjoining edge, b. Shall not have any surface higher than thirty inches (30 ) above the residual ground level unless surrounded by a railing c. Court yard walls not exceeding twenty-two inches (22 ) are only permitted on back patios, and shall be constructed of stone or stucco to match the home. A. Court yard walls are only permitted on back patios and may not exceed eighteen inches (18 ) in height. They shall be constructed of stone or stucco to match the home. B. (Modified by BOD ) (Modified by BOD ) (Modified by BOD ) (Modified by BOD ) Last Revised: ph P 32 of 62

33 12.10 Fences Prior to fence installation, the property shall be surveyed by a licensed surveyor; the survey stakes shall stay in place until the Association has completed its final inspection. The original lot survey may be used for purposes of compliance with this section. Additionally, the original metal survey pins may be located and identified to show the property boundaries. If such pins cannot be located and marked, a new survey shall be conducted. (Modified by BOD ) A. All fencing shall be a height of fifty-four inches (54 ). Only black aluminum open picket fencing is permitted (see Picture below). Pool fencing may not have more than four inches (4 ) between fence pickets. B. All fences shall be within County Code Restrictions at the time of installation. C. Careful consideration shall be given to the placement of fences along property lines. Fences could interfere with both the Member s and their neighbors operation and maintenance of irrigation systems. It will be the fence Member s responsibility to make any necessary modifications to irrigation systems. D. Side fences shall attach at rear corner of dwelling or as close as is feasible and extend perpendicularly to the side property lot line. The only exception is if the neighboring homes are set forward, the fence may be placed perpendicular to the edge of neighboring home. The outside edge of the fence shall abut the outside edge of the side property line. NOTE: if the adjoining property already has a fence, then the new fence shall be the same height as the existing fence; and with the neighbors concurrence, shall be joined to the existing fence at a right-angle unless lot shape inhibits joining at a right angle e.g., pie shaped lots on cul-de-sac. (modified by BOD 02/02/2017). E. As a rule, the outside edge of rear fences shall abut the rear property line or top of the slope to any body of water if within property line. However, fence location for those properties abutting a preserve or body of water will be considered on a case-by-case basis. Rear fences shall not be closer than ten feet (10 ) to the back of home. No fence may be on any part of a berm. F. Rear fences are not permitted on lots that back up to a street unless separated by a berm or preserve sufficient to shield the fifty-four inch (54 ) fence from street visibility. G. On a corner lot s street side, the fence may not be more than ten feet (10 ) from the side of the home. H. Corner lots, lake-front lots, and lots which are visible from common areas and street may be subject to additional height and location requirements, all of which are subject to the ARC approval. I. In certain circumstances, the ARC at its sole discretion may require landscaping around the fence. J. In the context of these Design Guidelines, a barrier installed to screen ground-mounted mechanical equipment is not considered a fence. (Modified by BOD ) Last Revised: ph P 33 of 62

34 K. A picture of the proposed fence shall be submitted to the ARC before the fence can be reviewed. L. All fencing shall be installed in a quality fashion and shall be maintained in good condition. M. It will be the fence Member s responsibility to edge and trim the grass underneath and around the fence. (Modified by BOD ) Figure 1Example of an Approved Fence Style Fences Invisible Pet Containment System Members do not need ARC approval to install an invisible pet containment system. An invisible pet containment system typically necessitates the use of system training flags; these training flags may not be visible for more than thirty (30) calendar days Flags and Flagpoles A. Each Member may display in a respectful manner one portable, removable United States flag or official flag of the State of Florida and one portable, removable official flag, not larger than 4 ½ feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag on property that such member has a separate ownership interest or a right to exclusive possession or use. B. Flag Pole (freestanding) - Each member may erect one permanent or telescoping standalone standard metal flag pole that is no more than 20 feet high. The flag pole may not be installed within or upon any easement, nor installed any closer than 10 feet from the back of curb, or within 10 feet of any lot line. The flagpole cannot obstruct sightlines at any intersections. The Member may further display from the flagpole, one official United States flag, not larger than 4 ½ feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag. Such additional flag shall be equal in size to or smaller than the United States flag. Any such flagpole shall be on residential property that such Member has a separate ownership interest or a right to exclusive possession or use. C. Flag Pole (wall mount) - On residential property that such Member has a separate ownership interest or a right to exclusive possession or use, each Member may erect one flag pole made of aluminum, fiberglass, metal or wood. No Flag may extend so that the Last Revised: ph P 34 of 62

35 end protrudes more than 6 feet from the exterior wall of the dwelling to which it is attached. The below chart includes acceptable (wall mount) flag pole lengths and flag sizes. Wall mount flag poles may only be attached to the dwelling and may be attached to hang horizontally or at an angle from the dwelling. Flag Pole Flag Size Five Foot (5 ) Two and One-Half Feet x Four Feet (2 ½ x 4 ) Six Foot (6 ) Three Feet x Five Feet (3 x 5 ) If the wall mount flag pole is not illuminated, then ARC approval prior to installation is not required. If a Member however seeks to illuminate the wall mount flag pole, then ARC approval is required prior to installation. D. Banner or Garden Flag Pole (freestanding) On residential property that such Member has a separate ownership interest or a right to exclusive possession or use, each Member may install one freestanding banner or garden flag pole that shall be installed within a plant bed. If a Member wishes to display a flag other than the flags listed in 12.12(A) of these Design Guidelines, then it may be displayed on this style flag pole only. This type of display does not require ARC approval prior to installation. E. Banner or Garden Flag Pole (wall mounted) On residential property that such Member has a separate ownership interest or a right to exclusive possession or use, each Member may install one wall mounted banner or garden flag pole that may only be used to display the flags listed in Section 12.12(A) of these Design Guidelines. F. Any flag pole installed in accordance with these Design Guidelines is subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flag pole is erected and all setback and location criteria contained in the governing documents. G. Members may only install flag poles and/or display flags on residential property that which such Member has a separate ownership interest or a right to exclusive possession or use. H. Members shall follow the United States Flag Code when displaying the United States Flag. If a United States Flag is flown after dark, it shall be illuminated. When the flag is displayed against a wall vertically or horizontally, its union (stars) shall be at the top, to the flag's own right, and to the observer's left. Last Revised: ph P 35 of 62

36 I. All displayed flags shall be maintained in good condition. The display of a flag not specifically identified in section 12.12(A) above, may only be displayed as a freestanding banner or on a garden flag pole and is subject to the right of the Association or Developer to require removal of a flag that it determines draws excessive attention or traffic and/or lacking in good taste, and/or in contradiction to these guidelines. J. Banner Style a Member may also display banner style a flag listed in Section 12.12(A) of these Design Guidelines. This type of display does not require ARC approval prior to installation. K. The following information shall be included with the application: flag pole size and material, intended flag pole location (noted on a photo or rendering of the elevation), type of flag and flag size. If the plan includes illumination, then the application shall also include the illumination plan Front Doors A. Retractable screen doors may be permitted if the color of the screen frame matches the color of the home s door frame; screens shall be a charcoal color Retractable screen doors shall be retracted when front doors are closed. B. Glass inserts may be installed in the front door without prior approval and are subject to compliance enforcement of this section. The size of the glass insert shall be either ½, ¾ or full (two examples are shown below). The design of the glass insert is not limited to the designs shown. Glass may have designs created by beveling of the glass, frosting of the glass, and/or metal separations. Inserts having multiple colors of glass (other than smoke colored tinting) will be considered on a case-by-case basis ( stained glass inserts). Trim molding shall match the color of door. (Modified by BOD ) (Modified by BOD ) (Modified by BOD ) Last Revised: ph P 36 of 62

37 Storm doors are not permitted Fuel Tanks A. Propane tanks are permitted with the use of portable grills and outside kitchens when they are concealed within the apparatus. ARC approval is not required. B. A single above ground tank that is no more than forty inches (48 ) high and a maximum of 60 gallons is permitted when used to provide fuel to the inside of the home or an outside kitchen. Tanks that are visible from the street or neighbor shall be shielded from view as much as possible while allowing for access. A minimum of three gallon scrubs, that at the time of installation have attained a three (3) gallon size or greater, shall be of a sufficient height to prevent the tank from being viewed from the street or neighboring property within a six (6) month period. C. Propane tanks larger than 48 in height or more than 60 gallons shall be buried in accordance with applicable setback standards, e.g. pool heaters. Fill pipes for buried propane tanks shall be screened from the street using landscape materials. (Modified by BOD ) (Modified by BOD ) (Modified by BOD ), (modified by BOD 02/02/2017) Furniture - Outdoor A.. Foldable or stackable plastic furniture may be placed in the rear yard only on an extended rear patio. Last Revised: ph P 37 of 62

38 B. Only a single bench of concrete, stone, wood, or wrought iron may be placed on an extended patio or in a front planting bed when it is positioned on a concrete or paver pad. The bench shall be brown, black, earth tone or white in color. Seat cushions that are earth tone in color, are allowed. (Modified by BOD ), (modified by BOD 02/02/2017). Swings need to be on a patio adjacent to the house or inside a birdcage or on a lanai. The swing color can be brown, black, earth tone, or white. (Modified by BOD ) Garage Doors including Golf Cart Garage Doors A. Garage doors shall be closed except when in use or shall otherwise be enclosed by a retractable garage door screen. B. Retractable garage screen doors are permitted if the screen frame is bronze and the screen is a charcoal color. Tracks for garage door screens shall not be visible when the garage door is closed. C. Approved garage replacement doors are either the Clopay 73 or GD5S series. Decorative hardware is only available from the manufacturer on the Clopay GD5S series. D. The ARC shall approve any aftermarket decorative hardware that the homeowner wants to install on their garage door. This hardware will be approved on a case-by-case basis. E. Window panels can be installed in the top panels of the garage if they are the Clopay Colonial 509 or Clopay Long Panel Colonial 2 Decorative Insert Series Windows or an equivalent window shall be purchased from the garage door s manufacturer see picture below. Garage Door Windows shall match the front windows of the home, which may Be plain in design or festure mullions/grids. Panels containing windows shall be painted the same color as the garage door. (Modified by BOD ) (Modified by BOD ) Generators A. Generators to be utilized during power outages may be installed inside the garage without application. However if venting or other outside modifications are required for the in-garage generator installation, then the outside modifications shall be approved by the ARC. B. Permanently installed outdoor generators shall be screened from street view using a material and color compatible with the home design. All screens whether landscape Last Revised: ph P 38 of 62