Architectural Review Committee Rules and Regulations The Bent Tree Architectural Review Committee (ARC) is a committee of the Bent Tree Property Owners Association board of directors. The ARC is designated and authorized in Article V, Section 1, of the Master Declaration and Development Plan for Bent Tree Plantation and the Addendum to Master Declaration and Development Plan for Bent Tree Plantation including Covenants, Conditions and Restrictions for Bent Tree Plantation to administer the Architectural review Standards. The standards purpose is to preserve for the mutual benefit of all property owners, the concept of a homogeneous, planned community. This document provides homeowners with information on the ARC guidelines, the application process, and the Master Declaration articles to be enforced by the ARC. it also provides an architectural standards chart, an explanation of these standards, enforcement procedures, appeal process, and an Architectural Review Application. Homeowners are responsible for the repairs to existing structures and additions. Approved by Bent Tree Board of Directors, August 10, 2011
Master Declaration Article Boats and Trailers 7,0 Clothes Lines 7,G Grading and Drainage 5,G New Structures and Inspection 5,A,B,C,D,E,F,H Painting 5,A Parking on Personal Property 7,Q Replace/Repaint Windows 5,A Stripped, Partially Wrecked, or Junked Vehicles 7,E Temporary Storage Buildings 7,A Tents 7,A Trailers, Campers, Motor Homes, RV s 7,O Trash Containers, Propane Fuel Tanks 7,F Undeveloped Land (maintenance) 7,H Vegetable Gardens 7,Q Staked Reflectors 7,Q ARC Rules and Regulations Air Conditioners (Window) Building Specifications Decks Doors Driveways Fees Fences Garages Home Address Numbers Landscaping Mail Boxes Parking on Common Property Patios Permanent Storage Building Real Estate Sign (Sale or Rent) Rental Property Roof Replacement G A,B,C,D,E,F K E J V M H O N O U L H S P C Section
Building Criteria List All new construction and additions require prior approval A. Home Size 1. Minimum Square footage, heated living space a. 1500 square feet minimum for except the Moorings b. 1200 square foot in Moorings c. If two story 900 sq. ft on the first floor in the Moorings d. If two story 1200 sq. ft on the first floor in all except the Moorings e. Height not to exceed 35 ft. above the elevation of the finished surface of the first floor B. Recommended Building Setbacks 1. Front yard 25 feet 2. Side yard 10% of width (example 60' lot=6 ft.) 3. Back yard 12 feet C. Roofs 1. Steep pitch should be 8 on 12" or greater 2. Style a. Hip b. Gable c. Dutch Hip 3. Material a. Architectural grade fiberglass shingle b. Cedar shake c. Metal 4. Color a. Subdued (other colors must be approved by ARC) D. Exterior Wall 1. Materials a. Brick b. Cedar Shakes c. Stucco d. Quality wood or viny siding 2. Finishes a. Natural b. Paint c. Stain E. Windows and Doors 1. High quality wood with vinyl or aluminum exterior finish F. Chimney 1. Brick 2. Stucco 3. Match home material and color
G. Heat Pumps and Air Conditioners Exterior air conditioning units or heat pumps may be relocated or added only if there is no adverse visual impact to adjoining properties or potential noise disturbance to neighboring bedrooms. Individual air conditioning units extending from windows are prohibited. H. Garages, sheds, and Storage Rooms: Must be physically attached to the house by cement, walkway or roof extension. All buildings must match the house. I. Grading and Drainage: require approval Drainage away from the foundation of your home is imperative. The contractor has designed the grading so water will be dispersed away from the foundation. Major changes in grading, e.g., berms, mounds, etc., must be submitted for review. No owner shall channel or direct drainage water onto a neighboring lot or common area. In addition, it should be noted that major changes to the topography of a lot could result in flooding into adjacent property due to improper drainage. Neither the Board of Directors nor the ARC accepts any responsibility for any damage caused by grading. J. Driveways and Walkways: require approval An approved application is required for any new driveway coating, construction or expansion. Driveways must be concrete, brick or paved. Walkways can be either concrete or brick. Driveways must be a minimum of 12 feet wide and should meet the road with a 10 foot radius at each corner. Driveway coatings are acceptable in neutral colors and matching trim, but must be approved by the ARC. A building permit may be required from Brunswick County for construction or expansion. K. Decks: (Aesthetics) require approval and county building permit The ARC will use the following criteria in determining whether to approve an application to construct a deck: LOCATION: Permanently attached to the rear elevation of the home and constructed within 20 feet setback from the rear of the property line. HEIGHT: Per building permit SCALE and STYLE: Decks must be of scale and style that are compatible with the home to which they are attached, adjacent homes and the environmental surroundings. In some cases, limits may be placed on scale or style of decks that will be approved, based on consideration of density, visibility, scale and size of decks provided as standard builder features or options. L. Patios: Require approval COLOR AND MATERIAL: Visible portions of patios must be constructed only of concrete, brick, slate, stone, or concrete pavers. Colors should coordinate with existing materials and colors of the home and typically be neutral earth tones. Where installation of a patio material dictates the use of joints or seams, the joint or seam must be entirely filled with sand, compacted stone dust, pea gravel or mortar. Wooden borders or trim, as well as seating, planter, plant hangers or other fixed accessories, may be added if their material and finishes matches that allowed for deck construction. FOUNDATION: There are limits to the area of concrete that can be poured without including control joints to prevent cracking. Building permit must be obtained from Brunswick County. PRIVACY SCREENING INCLUDING HEDGES: Requires Approval. Screening is defined as any material constructed or established to provide privacy. Privacy screens near to or constructed as part of a patio or deck is permitted in rear yards of lots in accordance with the established building setback guidelines and in limited styles. No privacy screen shall exceed 6 feet in height Deck or patio screens can be planting material (hedge) not to exceed 6 feet or constructed of wood or vinyl. Constructed screens must be color coordinated with the color of the surroundings. In all
cases, primary consideration for approval will be whether the screen will eventually restrict other resident's views. The ARC will be sole judge of what determines "restrict other resident's views." Generally, this means views of ponds or wooded areas. M. Fences: Fences can be useful design elements to screen utility areas or other objectionable site elements, stand as a planting back drop, provide privacy for outdoor spaces, educe wind and provide sun "pockets", and identify and emphasize entries. Fences may be made of wood, brick, vinyl or other suitable material and must harmonize in character and color. The fence should attempt to define and create spaces rather than merely used as a property delineator. N. Landscaping: (Decorative plantings with grass, shrubs, flowers, etc. Estimate 2-4% of home budget). ARC approval is not required if all the following provisions are met. Exceptions must be approved by the ARC. Home owners are required to maintain yards. The yards should be free of noticeable weeds, isands maintained, yards mowed, dead or ailing trees pruned and/or removed as required. Unoccupied lots or partials should be maintained and mowed a minimum of twice a year. PLANTING: Landscaping must blend with existing plantings on both your lot and the adjacent lots. Large shrubs and trees should be sufficiently set in from the property lines to avoid overhanging the property line or obstructing sight distance at intersections on corner lots at maturity. Ensure that side and rear yard drainage patterns are not adversely affected. Generally items planted at least 3 to 5 feet from property lines will not affect drainage. Ground covers must stay within shrub bed or berg. Examples of approved mulch substances are lava rock, pine straw pine bark dyed pine mulch, cedar mulch, finely ground hardwood chips, river rock and brown and red crushed brick (less than 1/2 inch in diameter). All ground cover must be approved by the ARC. No hedge or other shrubbery planting which obstructs sightlines at elevations between 2 and 6 feet above streets and roadways within the development shall be placed or permitted to remain on any lot, dwelling, or multi-family area within the triangular area formed by the street property lines and a line connecting such lines at points fifteen feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the extended street property lines. The same sight-line limitations shall apply to any lot, dwelling, or multifamily area within 10 feet from the intersection of a street property line with the edge of a driveway. 0. House numbers. Taken from Brunswick County, NC code of Ordinances, Article 3 Sections 1-4-86 through 1-4-87. The owner of each lot or parcel of land upon which a building or unit is located shall permanently affix and display on each building and/or unit the address number which has been assigned by the address program administrator, in the manner specified below. The assigned address number shall be displayed on the house by numerals; written, printed and scripted words shall not be used as the required display. If posted within 10 feet of ground level, each numeral shall be a minimum of 4 inches in height COLOR: The color of the numerals shall be in sharp contrast to any background color so as to be plainly visible and legible from the center line of the designated street during daylight hours. When a home is set back more than 60 feet from the edge of the street, the assigned address number shall additionally be displayed on a freestanding sign or mailbox. Mailbox: The number display shall appear on both sides of the mailbox. Obstruction: The assigned number address shall be displayed so that its view from the street is not wholly or significantly obstructed by trees, yard ornaments, shrubbery, porches, or other physical impediments. P. Rental Property: Owners are responsible for the upkeep and maintenance of property and of sharing covenants and restrictions with renters.
Q. Gardens: (Vegetable) ARC approval is not required if all of the following provisions are met. Exceptions must be approved by the ARC. The garden must be located between the rear of the house and the rear property line, and cannot exceed 32 square feet. Nothing should grow more than 35 inches about the ground and should not be in public view. Planting Beds and Borders: ARC approval is not required for beds that are at least 3 feet from the property or non-raised planting beds which are hand watered or use drip irrigation system. ARC approval is required for beds that exceed 32 square feet. Landscape borders must not exceed 12 inches in height. All retaining walls must have a building permit and ARC approval. R. Clothes Lines: No outdoor clothes poles, clothes lines or similar equipment shall be place on any lot or parcel unless it be screened so that it is not visible from any street, recreational area or adjoining property. S. Real Estate Signs: The only signs permitted in the community are standardized "For Sale and For Rent" signs. Signs may display only a single phone number and/or real estate agency name; however, an information box containing more specific information may be added, but must be affixed to the signpost. T. Signs-Other Political: One temporary political sign that advertises candidates or issues may be erected 30 days prior to election and must removed within 7 days after the election, run off or referendum. Public event announcement signs: Community watch signs or one small "house is alarmed" sign do not need approval. Only those sign types listed above may be erected without prior approval. All other signs require approval in advance. No signs are allowed in the common areas. U. Vehicle Parking: Home owners are not allowed to park vehicles on any space of their property except the driveway and paved surfaces. In the event driveway is full, vehicles may park on the common property parallel to the road, but not overnight. V. Fees for new construction: Single family residences submission fee: $350.00 ($300 ARC plan review, $50.00 permit). Check must accompany first plan submission. This fee may change. Check with ARC before submitting plans to avoid delay. Construction impact fee of $350.00 will be charges to contractors. This fee is to be paid before commencement of construction. This fee may change.
APPLICATION PROCESS Two (2) copies of the applications must be submitted to the ARC: Site plan: A site plan, drawn to scale, must show the location and dimensions of the proposed improvement, and include orientation with respect to all property lines. Architectural Drawings and Landscape Plans: Detailed architectural drawings or plans must be provided for decks, house additions, fences, and major landscape improvements that would change the topography of the lot or landscape plan originally provided by the builder. Finish Materials: A description and/or sample of all material to be used for the exterior surface of proposed improvements must be provided. Photographs: Photographs or brochures are appropriate for exterior lighting fixtures, decorative objects and similar cosmetic additions to the house or lot. Drainage: A detailed plan of grading changes and plans for proper drainage must accompany the request, if applicable. Plans for installing a culvert and covering the drainage ditch where this driveway is to cross the drainage ditch between roadway and lot.
APPEALS PROCESS RESOLUTION Regarding the. Bent Tree Plantation Home Owner s Association Rules Enforcement Procedures WHEREAS Bent Tree Plantation Home Owners Association has a Master Declaration, Bylaws, and Rules and Regulations and. WHEREAS Bent Tree Plantation Hone Owners Association empower the Board of Directors to enforce the Declaration, Bylaws, and Rules and regulations, and.. WHEREAS the North Carolina General Statutes 47F-102 (12), North Carolina Planned Community Act specifies, After notice and an opportunity to be heard, the board may impose reasonable fine or suspend privileges or services provided by the association (except right of access to lots) for reasonable periods for violations of the declaration, bylaws, and rules and regulations of the association. NOW, THEREFORE, BE IT RESOLVED THAT Bent Tree Plantation Home Owners Association will enforce said Declarations, Bylaws, and Rules and Regulations with the following procedures: Any owner, resident, or group of owners or residents may bring a complaint of a rule violation. In addition, a complaint may also be brought as a result of regular community inspections by the Management Company and/or the Bent Tree Plantation Board of Directors. Upon receipt of a complaint and verification of a rule violation of the Master Declaration, Bylaws, and Rules and Regulations, a letter shall be sent to the alleged violator, within 10 days, stating the alleged violation and the remedy to correction the violation_ The lot owner in violation shall be given notice of the violation, opportunity to be heard and to present evidence. The evidence will be present to the Adjudicatory Panel, who is appointed by the Board of Director, by authority of North Carolina Statute 47F-3-107.1. They shall render their decision to the violator. A 'fine not to exceed $100 may be imposed for the violation and without further hearing, for each day more than five days after the decision that the violation occurs. Such fines shall be assessments secured by liens under G.S. 47F-3-116. If it is decided that a suspension of planned community privileges or services shall be imposed, the suspension may be continued without further hearing until the violation or delinquency is cured_ The lot owner may appeal the decision of an adjudicatory panel to the full executive board by delivering written notice of appeal to the executive board within 15 days after the date of the decision_ The executive board may affirm, vacate, or modify the prior decision of the adjudicatory body. The Master Declaration violations have specific fines and these fines shalt be imposed on any violation of the declaration. Shall a fine be imposed on the violator, standard collection action will be pursued which includes filing a lien on the property for nonpayment of the fine and ultimately, foreclosure. WHEREAS, the Board of Directors of Bent Tree Plantation Home Owners Association is empowered to govern the affairs of the Home Owners Association. WHEREAS, it is the intent that this rule shalt be applicable to all owners, tenants, guest, invitees, or any other who nave vehicles entering upon the private streets and common areas and this resolution shall remain in effect until otherwise rescinded, modified, or amended by a majority of the Board of Directors. In no event shall the Association's failure to enforce any covenant restriction or rule provided for in the Master Declaration, Bylaws or the Rules constitute a wavier of the association's right to later enforce such provision or any on covenant, restriction or rule.
NOW, THEREFORE, BE IT RESOLVED THAT THIS RESOLUTION IS HEREBY ADOPTED BY THE BOARD OF DIRECTORS. Approved: Date April 12, 2011 Board of Directors: Pat Boyd-President, Kurt Hardee-Vice President, Marcia Heady- Secretary, Keith Harris-Treasurer, Archie Chinn-ARC Chairman