CASTLE BAY POA ARCHITECTURAL GUIDELINE RULES

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1 BASKETBALL BACKBOARD GUIDELINES (After May 2006) 1. Permanent backboards are not allowed and any installed that did not have prior Association permission must be removed 2. Portable backboards must be out of sight when not in use. Laying a backboard down on the grass, driveway, etc. when it is not in use is not allowed. 3. May be in driveways when in use but shall not be set up for use in the street 4. Backboards shall not be attached to the residence 5. See complete rule contained in Rules & Regulations FENCE GUIDELINES All fences must first have submitted an Architectural Request and received approval before installation is allowed. 1. All fences shall be 4 feet in height and have 4 inch picket spacing 2. Must have a top rail or integral top rail construction and the bottom rail must be 4 inches above ground level 3. Must be Black in color and of anodized aluminum and 4. Shall be offset a minimum of one foot from the property line and 5. Property Owner shall maintain the landscaping/lawn on both sides of the fence and 6. A certified survey must be submitted with the architectural request PLAY SETS 1. Only a specific type of children s playset is approved for exterior lot placement. 2. No playset may be placed on a lot without first submitting an architectural request and having received a written approval. 3. All playsets must be of wood construction and can only be of an approved color(s). 4. Specific information may be obtained from the ARC as to specifications and requirements. 5. Townhome Architectural Guidelines may supercede these guidelines in the event a townhome resident requests permission to install a playset. VACANT and/or UNIMPROVED LOTS 1. Vegetative growth on vacant lots shall not exceed an average of 18 inches in height. 2. Vacant lots must be kept reasonably clean and free of debris. 3. Curbs adjoining vacant lots must be maintained. (IE: growth over curb) 4. Vacant lots shall not be used for storage purposes except after a building permit has been issued. FLAG POLES AND FLAGS 1. Flag poles shall be mounted on the house only. (Example: Mounted on residence adjacent to garage door or at front entry area.) 2. Approved flag poles are those normally used to fly a flag of 3 feet x 5 feet in size. 1

2 3. Flags allowed to be flown shall be only the United States and North Carolina flags and they should not exceed 3 feet x 5 feet in size. 4. No flag poles shall be in the front or side yards with the exception that flag poles previously installed (prior to 10/01/07) without first having architectural approval shall be removed from the front yards and may be installed in the rear yard. Maximum height of any excepted flag pole shall be not more than fifteen (15) feet above ground level. In no case shall a flag pole be of a product other than stainless steel or aluminum. DSS / ANTENNA INSTALLATION Satellite Dishes may be used by first requesting in writing and upon receiving written permission from the Architectural Committee through the Management Company. Installation of the dish is based on the following criteria. Installations should not be attached to or penetrate the building, or placed on Common Area. 1. Satellite Dishes may not exceed 39 inches in diameter 2. Satellite Dish must be installed on a metal pipe or treated wood post at the rear of your home. If the rear of the home is unsatisfactory to obtain a line of site when mounted on a post or home, then it may be placed on the side of the home at the most distant point from the road as possible. The Satellite dish shall never be placed in the front elevation of the home. It may be installed at a height (at the prescribed location) to obtain the line of sight requirement but not higher than is required. It is the owner s responsibility to be sure that all electrical, water, septic, phone and other utilities have been located and are not damaged during installation. Any damages to these or other common area shall be the responsibility of the installing owner. 3. The pipe or post must be installed in such manner that when inclement weather occurs, it will not damage the building exterior. The completed installation must be at a right angle to the earth s level surface. 4. In the event an installation becomes unsightly, the owner may be required to perform required maintenance that will cause the installation to be cosmetically acceptable. Any visible installation is to be screened from view of passerby. 5. All maintenance required on the post is at the expense of those using it. 6. Upon sale, vacating of the unit or when Cable TV becomes available, the complete installation shall be removed. In the event an installer states that the FCC allows him to place the dish where ever he chooses, then he is in error. The FCC allows POAs, HOAs, etc. to designate places that it may be installed as long as it is not an unusually undue hardship. The FCC does not allow banning the use of satellite dishes but does allow controls. If an installer places a dish in an unapproved location and a non-compliance violation is issued by the Association, the cost of removal and re-installation is at the expense of the individual having the installation done. 2

3 AWNINGS: CASTLE BAY POA Awnings available at the SunSetter Website that have been approved for Castle Bay POA. The three approved are: Natural Line Stock # 7952 Nutmeg Tweed Stock # 7957 Wheat Stock # 3961 Architectural Requests will have to be submitted first and inclusive of pertinent information such as color and intended LAWN ORNAMENTS: Lawn ornaments are to be governed by the same sections of the Rules and Regulations dedicated to Grounds/Grass/Landscape under the unsightly objects portion of the rule. Further, Lawn ornamentation must meet three basic standards: (1) It must be in keeping with the feel of the yard and house on the lot in general; (2) It must be aesthetically pleasing and in keeping with the general landscape and ornamental style of the neighborhood at large; (3) It must not be deemed that the presence of said ornamentation could be a significant effect on home values in the immediate area or the community as a whole. Should it fail to meet those standards, the Board may require its removal. TRASH CART and TRASH CART / GAS TANK ENCLOSURE TRASH CARTS 1. Trash cart service must be obtained from the one company chosen by the Association (A-1 or their successor/assign). Owners who hand carry their garbage to the Pender County Collection Point are not required to use the chosen service company. ** 2. Trash carts must be screened properly so they are not visible from the street. This may be done by either of two methods. Those being, plant screening with large enough plants to conceal from street view or by the construction of a screen. See # 5 below. GAS TANKS (LP) 3. Gas tanks must be screened properly so they are not visible from the street. This may be done by either of two methods. Those being, plant screening with large enough plants to conceal from street view or by the construction of a screen. ENCLOSURES Gas Tanks and Trash Carts 4. Gas Tanks must be screened from view by passerby 5. Constructed screens may be either of wood lattice, plastic lattice, brick lattice or wooden slot fence (shadowbox fencing) as follows: 3

4 a. Wood lattice painted / stained the same as your house trim color. (for lasting ability, it may be that you would prefer to use treated wood lattice to lessen the chance of wood rot.) b. Plastic lattice painted / stained the same as your house trim color. c. Brick lattice, using the same brick as the house type. d. Wooden slot fence (shadowbox) painted / stained the same as your house trim color. (for lasting ability, it may be that you would prefer to use treated wood to lessen the chance of wood rot. (If treated wood is used, it is suggested that it be allowed to dry out at least 15 days prior to painting / staining. The moisture evaporation would allow the paint/stain to permeate the wood.) ** Use of one trash service company is mandatory yet allows the owners to have one pickup day, a reasonable price and less truck wear/tear on the roads (which have to be maintained by the Association and comes out of the dues you pay.) As of 10/01/07 the ONLY approved trash service is with: Waste Industries (or their successor/assign) (910) SIGNS Signs are not allowed. However, in the interest of property sales, For Sale signs may be allowed for until such time as the ARC make changes to this guideline. Placement must be adjacent to the front entry area at the edge of a plant bed or if none, adjacent to the entry steps. For Rent and other signs are not allowed. Signs on unimproved lots are not allowed but may have a Brochure Box not closer than 3 feet from the curb. For additional information as to sizes, etc., see Rules and Regulations. BUILDING REQUIREMENTS/RESTRICTIONS One (1) Copy of building plans must be furnished to Architectural Committee for review/approval prior to any work commencing. Must include front/side/rear elevations. MINIMUM REQUIREMENTS: Minimum of 1800 sq ft finished living area. (heated/cooled) for single level dwellings (does not apply to garages, terraces, porches, decks, stoops and like areas) Concrete Drive w/minimum of 2 car attached Garage All Brick or Brick-stone (amount of stonework may be limited) In ground Lawn irrigation system must installed (Wells require prior architectural approval) Central A/C Set Backs - Minimums: 25 ft Front lot line (30 ft after easement): 15 ft Back lot line; 10 ft each side lot line Maintain current status on Monthly or Quarterly POA Dues RESTRICTIONS: All exterior materials & Colors require Association approval No Red Brick = No White Brick No White Trim or Bright Colors No Accessory Buildings on Lot No Vinyl siding (other than for trim) Pre-fab roof trusses (only) are allowed to be used in the residence construction. Drainage Easements must remain to comply with NC Water runoff permit 4

5 ** Total built upon area (structure including concrete, brick, stone, slate or similar materials for each lot (not including wood decking or water surface of swimming pools) shall not exceed those limits established in Article II, Section 5 of Castle Bay Subdivision Declaration of Covenants in effect at time of construction. (This is to insure compliance with storm water runoff rules and permit issued by the State of North Carolina.) OTHER: There are parking regulations that apply for contractors/subs. Lot must be kept clean and free of debris that may blow to other lots or present an un-attractive appearance. It is strongly suggested that, upon purchase of the lot, a copy of the Declaration along with Rules/Regs be obtained and reviewed so that violations of restrictions will not occur. IMPORTANT!! Construction shall not begin until such time as the property owner or their representative has presented an Architectural Request and a set of plans to the ARC for review and received written approval to begin. Upon review, the ARC may determine the need for additional information which shall be furnished by the property owner or their representative. Once plans have been reviewed and the necessary information has been obtained, the ARC may then give written permission for construction to begin. It should be understood that, if a change from the original approved plans is necessary, it must first be approved by the ARC. Appropriate erosion control measures shall be in effect on a building lot at all times. It is imperative that a building lot be kept reasonably clean and free of debris during construction. Each lot generally has a planned drainage swale and it is important that your contractor insure that it be in place and working properly [draining] once construction is complete. DIVIDER / PRIVACY SCREEN: (Information Only - July 2014) The Board approved the application of an individual Privacy Screen on Highlands drive, with the following stipulations and it was only for this specific application: The screening must not extend past the end of the patio slab on the end away from the house (see overall length restriction) The screening must not be more than one foot from the intersection of the house and patio slab, or the screened porch/house intersection (see overall length restriction) The overall length cannot exceed 13 feet from edge to edge, as identified in the application (as identified in the application) The screening can only be placed on one side of the patio slab The screening shall be no higher than 6 from the top of the slab, as identified in the application The screening shall not be blatantly visible from the street The screening material shall be in compliance with standard Architectural Committee guidelines for materials and colors consistent with the existing structure The structure shall be painted to match the color of the trim on the property (as identified in the application) DECKS: CBPOA ARC approval is first required for deck installation. In the event POA notices or is informed of the installation of a deck[s] that are not aesthetic of do not comply with the guidelines, the POA reserves the right to require the homeowner to remove the deck at homeowner expense. Homeowner s are encouraged to consider the following variables for a proposed deck. PLANS: Along with the application for approval, plans for the deck must be submitted and the homeowner must acknowledge that he/she or his/her designated contractor will obtain all necessary permits and inspections, as well as Dig Safe (utility locator) prior to construction. All NC 5

6 DENR Permit Regulations applicable to the porous surface requirements must be met at completion of construction. LOCATION: A deck shall be located in the rear yard and the outside dimensions of the deck cannot extend beyond the outside dimensions of the house. Specific locations will be evaluated on their individual merit on a case by case basis by the ARC (and the Board of Directors if necessary). SCALE: The scale of all decks shall be compatible with the scale of the house as cited on the property. Decks, particularly elevated decks, shall be on a scale and style that are compatible with the home to which they are attached, adjacent homes and the environmental surroundings. When submitting the request for modification form, it is imperative that it be specified if it is to be an upper level or ground level deck. MAINTENANCE: The homeowner shall be responsible for the upkeep of the deck and supporting structures. Decks are subject to inspection by the POA Board, Management and/or designees. COLOR: Deck color must be specified in the ARC Application. Deck color should be compatible with the house architecture, matching the trim color (almond/tan) or the brickwork color. RAIN BARRELS: CBPOA ARC approval is first required for rain barrel installation. In the event POA notices or is informed of the installation of rain barrels that are not aesthetic or do not comply with the guidelines, the POA reserves the right to ask the homeowner to remove the rain barrels and/or bases. Barrels must be installed as per the following guidelines: 1. Cannot be installed at the front of a home. 2. Rain barrels must be screened year-round with plantings, so as to conceal them from view of neighboring streets and properties. 3. Installation on the side of a home is only allowed closest to the rear of the dwelling. 4. A maximum of 4 rain barrels is allowed per residence. Additional barrels are considered on a case by case basis. 5. Neighbor acknowledgement is required. 6. Rain barrels must match the color of residence siding or trim color in order for them to be as inconspicuous as possible. Barrels may be green colored to blend with concealment foliage. 7. If multiple installations on a single property is needed, every effort shall be made to have all rain barrels be of a similar type, size and color. 8. Rain barrels must be securely covered on top with a lid to prevent children, animals, insects, etc. from access and must be maintained properly at all times. 9. Rain barrel bases if used, should not exceed more than 8 inches in height. Bases much match the brickwork / outdoor façade of the dwelling it sits beside. Bases may not be installed on the side of the dwelling. 10. The total surface area of any barrels and/or bases is subject to NC DENR impervious surface requirements. 11. Each barrel may be no wider than 24 inches and no more than 44 inches in height with a capacity of no more than 60 gallons. Larger containers must first be approved by the ARC and Board on a case by case basis. 12. Any installation of large, in ground cisterns for large scale rainwater collection must have approved plans submitted to the ARC prior to installation, an installation schedule and approval of any and all neighbors who may be impacted by the installation. 6