CAPTAIN S COVE GOLF & YACHT CLUB ENVIRONMENTAL CONTROL COMMITTEE Architectural Guidelines for Exterior Alterations/additions Article 1: Introduction Preliminary Matters 1. Authority. Section 5 of the amended and restated Declaration of Covenants and Restrictions for the Captain s Cove Golf & Yacht Club provides that no improvement as defined in Section 5 of the Declaration shall be constructed, erected, installed, or maintained on any lot or parcel nor shall any improvements be altered, enlarged, demolished or removed unless the application, plans, and construction schedule therefore have been approved by the Environmental Control Committee (ECC). Section 5 of the Declaration establishes the ECC for the purpose of reviewing and as appropriate approving or disapproving all plans submitted by Owners in accordance with Section 5 of Declaration. The ECC may in its discretion establish guidelines and standards to be used in considering whether to approve or disapprove plans. Accordingly, the ECC and the Board of Directors have adopted the following guidelines and standards to facilitate its review of plans. These guidelines and standards shall be the Architectural Guidelines. Owners are cautioned that the Architectural Guidelines are guidelines only and subject to the terms and provisions of the Declaration, the ECC may exercise its sole discretion in determining whether to approve or disapprove any plans. 1
2. Governing Documents. The Architectural Guidelines should be considered together with the Declaration, the amended and restated Articles of Incorporation of the Association the amended and restated Bylaws of the Association, and the Rules adopted by the Association from time to time. The foregoing documents are collectively referred to as the Governing Documents. If any provision of these Architectural Guidelines conflicts with the terms or provisions of any of the Governing Documents, the terms and provisions of the applicable Governing Documents shall control. Owners contemplating the submission of plans to the ECC in connection with the construction or alteration or improvements are urged to take special note of Section 5 of the Declaration. 3. Application Procedure. Before commencing the construction, erection or installation of any building, wall, animal pen or shelter, exterior lighting, sign, improvement or other structure, each of the foregoing being hereinafter referred to as an improvement on any lot or parcel, including any site work in preparation thereof and before commencing any alteration, enlargement, demolition or removal of an improvement or any portion thereof in a manner which alters the exterior appearance, including paint color, of the improvement or of the lot or parcel on which it is situated, each Owner shall submit to the ECC a completed application on the form provided by the ECC, a proposed construction schedule, a plan and specification of the proposed construction, erection, installation, alteration, enlargement, demolition or removal which plans and specifications shall include, unless waived by the ECC: 2
a) a site plan showing the size, location and configuration of all improvements, including driveways and landscaped areas and all setback lines, buffer areas and other features required under the zoning ordinance. b) as to improvements initially constructed on a lot or parcel, landscape plans showing the trees to be removed, to be retained and shrubs, plants and ground cover to be installed. c) architectural plans of the improvements showing exterior elevations, construction materials, exterior colors, and driveway material. d) a sediment and erosion control plan. e) a tree protection plan and such other information as the ECC at its discretion shall require. The ECC may in its sole discretion waive the requirement that any and all the required plans be submitted in a particular case where it determines such plans are not necessary to properly evaluate the application. The ECC shall not be required to review any plans unless and until the application has been submitted in completed form with the proposed construction schedule and the plans containing all the required items. The ECC will, under no circumstance, entertain, evaluate or review any plans or applications unless such plans and applications have been submitted by a homeowner currently owning property within Captain s Cove Golf & Yacht Club. All applications should be submitted to the ECC at the office of the Association, 3370 Captain s Corridor, Greenbackville, VA 23356, Attn: ECC. 3
4. Composition. Pursuant to the Declaration, the ECC is composed of three persons and no more than five. The ECC is appointed by the Board of Directors of the Captain s Cove Golf & Yacht Club, Inc. The Board may appoint one alternate Member to the ECC who may vote only in the absence of a regular Member. The Members of the ECC shall serve for such terms as may be determined by the Board of Directors. 5. Consultation with Architects, Administrative Fee. The ECC may engage or consult with architects, engineers, planners, surveyors, attorneys and others, and ` any person seeking ECC approval agrees to pay all fees incurred by the ECC in connection with such approval. All ECC applications will require a $30.00 administrative processing fee unless waived by the ECC. 6. Consultation with departments of the Captains Cove Golf & Yacht Club. The ECC reserves the right and authority to consult with and obtain the advice of departments within the organization of the Club, with respect to applications for the construction, erection or alteration of improvements to property. 7. Similar Improvements. Granting approval for improvements for one lot or parcel does not automatically grant approval of similar improvements of other lots or parcels. 8. Compliance with all Laws and Building Codes. Before commencing the construction, erection, or alteration of any improvement, Owners must contact the appropriate local building code compliance agency for either Accomack County or the Commonwealth of Virginia to determine whether a building permit is required. Owners are responsible for ensuring that the improvements are 4
constructed, erected, or altered in accordance with all applicable local, state and federal laws and regulations, and any violation of such laws and regulations shall constitute a violation of the Guidelines and may result in local and/or other disciplinary action being taken by the ECC or by the Board of Directors. 9. Erosion Control & Drainage. Owners must take appropriate erosion control measures as required by the local building code compliance agency for Accomack County during the construction, erection or alteration of any improvement. Any improvement shall not adversely impact the proper drainage of the Owner s lot or that of any adjoining property. 10. Breaking Ground. It is required that before any digging has initiated, the applicant must call Ms Utility for the existing location of utilities. 11. Major Structural Changes. All requests for major structural changes will require the applicant to discuss the plans with their neighbors. This is the spirit of courtesy and cooperation within our community. The neighbors will acknowledge, by signature and date on the ECC application, that they are aware of the proposed plans. Any signatures, or lack of signatures by a neighbor shall not affect the decision of the ECC. Major structural changes shall include, but are not limited to, room additions, decks, fences, storage sheds, landscape changes and paint color changes. 5
Article 2 Major Building Additions A full application is required including drawings of the proposed addition and a copy of the Owner s physical survey. 1. Major building additions include, but are not limited to, greenhouses, porches and room additions. 2. In order to be aesthetically pleasing, the design of major additions should be consistent with the existing shape, style and size of the dwelling in the following ways: a) Siding, roofing and trim materials should be the same as or compatible with the existing materials of the dwelling in color and texture. b) New windows and doors should be compatible with those of the existing dwelling in style and color. These should also be located on the walls of the same approximate height as those in the existing dwelling and be trimmed in a similar manner. c) Roof eaves and fascias should be the same depth, style and approximate height as existing eaves and fascias. New roofs should be at the same approximate slope as those existing in the dwelling. 3. The following conditions shall determine the acceptability of addition locations: a) Additions should not significantly impair the view, amount of sunlight or ventilation of adjacent residences or the public s use or enjoyment 6
of open space. New windows, doors or viewing areas from the addition should not impinge upon existing internal or external private areas of adjacent residences. b) New additions should not create situations in which adjacent neighbors will have difficulty adding to, modifying or maintaining existing dwellings. c) Additions must not adversely affect drainage conditions on adjacent properties through changes in grade or other significant runoff conditions. Maintenance As provided in Section 8 of the Declaration, each owner shall keep all lots and parcels owned by him/her and all improvements therein or thereon in good order and repair, free of debris, all in a manner and with such frequency as is acceptable to the Association and consistent with a quality development. Antennas No antenna or other device for the transmission or reception of television or radio signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors on any privately owned property within Captain s Cove Golf & Yacht Club whether attached to a building or structure or otherwise, with exception of a dish antenna for reception of television signals which is no wider than one meter in diameter and necessary antennas to receive over-the-air reception. Owners are requested to place such antennas in the most unobtrusive location as possible. 7
Attic Ventilators: Exterior All attic ventilators require an application to the ECC. The following guidelines are intended to help balance individual economic interest with neighborhood aesthetic concerns. 1. Ventilators should be located on the backside of the dwelling. 2. The ventilators should protrude no more than twelve inches above the roof s surface. 3. To camouflage the ventilator, all exposed parts should be painted the color of the surface the ventilator penetrates. 4. Blocking airflow through the ventilator should be accomplished from inside the unit. Awnings and Trellises All awnings and trellises require an application. The ECC will review these applications based on the following: 1. Compatibility with the unit s architectural character, i.e. style, color, and materials, preferably cloth and/or wood. 2. Design of the sun control device should be straightforward without decorative fringes, etc. 3. Consistency with the visual scale of the unit to which the devices will be attached. 4. Effects of awnings or trellises on view, sunlight and natural ventilation of neighboring properties. 8
5. Drawings of the proposed awning or trellises as installed and restored at extended position. If the proposed awnings will be removed for winter storage, pipe frames must also be removed at that time. Decks A complete application is required for a deck. Application should include the following: 1. A description of the materials to be used. 2. Drawings of the proposed deck to include site plans and house elevations, railings, stairs, dimension and height above grade. 3. An explanation of any relocations of windows or doors, meters and heating/air conditioning units. 4. A description of any changes in exterior lighting. 5. A description of plantings to be removed for construction of or added in conjunction with the deck. 6. Screen enclosures must not be visible from the street in front of the residence. 7. Deck supports visible from the front elevation will be twelve inch by twelve inch brick piers or larger. Open areas under porches or decks visible from the street must be concealed with lattice screening. 8. Front porches and steps are to be brick except leading to an extended country porch. Infill of concrete is acceptable on the porch floor 9. The space beneath any structure constructed on piers or skids higher than one foot above grade, but less than one story above grade, shall be enclosed with lattice or other screening materials or screened with shrubs. 9
10. Decks constructed at or below the first floor level of a house may be constructed entirely of unfinished treated lumber. Decks or balconies constructed above the first floor level shall be finished to match the house. 11. Deck flooring may be covered by appropriate outdoor carpet treatments as shall be approved by the ECC. Driveways and walkways 1. No application is required for driveway or walkway repairs; however, repairs must not alter driveway or walkway dimensions, and they must be made with material compatible with the original material. 2. No private paths or walkways into or across common property will be allowed. 3. Requests for circular driveways must be approved by the ECC. 4. All front walks shall be constructed of brick, exposed aggregate concrete or brick pavers. 5. Variance applications are required for any additional driveways, walkways or extensions of existing driveways. A physical survey should be submitted along with the application. Domestic Animal Houses 1. Dog and domesticated animal houses require an application. All dog and domesticated animal houses must be located behind the rear foundation line and within a fenced dog run. The dog and domesticated animal house should be painted and roofed to match the dwelling. 2. Fenced dog runs whether concrete or soil require an application to the ECC. 10
General Fencing Requirements All fencing with the exception of decorative and landscape fencing must be applied for and approved by the ECC.. As a general guideline, fencing of a property within Captain s Cove is not permitted. Gutters and Downspouts Downspouts must not direct run-off towards adjacent properties or common areas.. Proper maintenance requires that gutters and downspouts be kept in good repair. When replacing existing gutters and/or downspouts or portions thereof, no application is necessary. However, an application is required if in any way altering the system such as changing color or relocating the existing system. Landscaping Application to the ECC is required if any major deviations from the builders original Landscaping plan is to be made. Vegetable gardens may only be planted at the rear of the dwelling and kept in an organized and neat manner. A vegetable garden shall not be planted on a grade which will cause damage to adjacent property on a lower grade. Lighting 1. The replacement of an existing exterior light fixture, if accomplished with a realistic match to the old fixture, does not require approval from the ECC. But if a change in style, size, shape, color or position is desired or if additional light structures are being installed on existing structures or grounds, an application to the ECC is required. 11
2. Permanent exterior lighting and wiring requires a full application. All exterior lighting should be installed as to not shine on adjacent property or public space and should be aesthetically planned for each location. Solar lights are exempt. 3. Security lighting, floodlights and various types of high output lights fall under this group. Exterior lighting of the group should be considered more carefully because of the impact on neighboring properties. Light fixtures of this type should be carefully aimed so that they illuminate only a specific area such as a doorway. Some high output light fixtures may have to be shielded in a manner similar to some street light installations to prevent unwanted or excessive intrusion of light from one property to another. A full application is required. 4. No neon or flashing lights shall be permitted. 5. Temporary lighting. Decorative holiday festival lighting does not require approval. However, holiday lighting shall not be operative 35 days prior to the holiday and shall be removed no later than 30 days after the holiday Patios and Walkways Patios and walkways require an application for ECC approval. Painting and Staining: Exterior To ensure a continued attractive neighborhood appearance, exteriors of all living units and of accompanying structures must be neatly and adequately panted and/or stained. If a unit or other structure is to be repainted or stained with the original color, no application is needed. Any color change requires an application. 12
Re-Siding and Re-Styling No application is necessary for siding replacement provided replacement siding is identical to the original siding with respect to not only material, but also dimension. The replacement of any siding of a type other than the original requires an application to the ECC. Re-styling is a change that alters the exterior appearance of a unit. It includes the addition of or change in porches, porch railing, shutters, storm doors, security doors, windows, etc. And requires an application be filed with the ECC. Rock Gardens Rock gardens require an application to the ECC unless fully screened by fencing and/or landscaping. Sheds and Tool Storage A shed or other storage structure requires an application. The application should include a detailed plan specifying the proposed structure s lot placement, its dimensions, and the materials to be used. A sketch of the completed structure to include site plans, elevations, dimensions and height above grade is also necessary. Storage structures are considered major structural change and are not to be considered temporary storage. Therefore, the construction must be of quality materials. The siding and roof material must be of the same type and color as the dwelling. The structure must be located behind the rear foundation line of the dwelling and be located in such a way as to not block a site line or the neighbor s view. The overall size shall not be larger than ten feet by fifteen feet. Any windows and doors in storage buildings shall be of similar material and should match the style of those in the existing house. Exceptions may be granted at the 13
discretion of the ECC. All sheds and similar outbuildings shall be installed above grade to prevent rotting wood and the space suitably screened with planting or other methods acceptable to the ECC. All such buildings must be firmly anchored. To ensure the aesthetics of Captain s Cove, the ECC discourages more than one (1) detached structure on a lot. ECC review for additional structures shall be on a case-by-case basis. Solar Collectors Solar panels/collectors require an application. The proposed panels: 1) should have a minimal visual affect on the immediate neighborhood, 2) should not readily be visible from a street, 3) should lie flat on the unit s roof, and 4) must be located on the rear roof. Statues, Fountains and Ornaments Any statue, fountain and/or ornament including, but not limited to, flagpoles, window boxes, weather vanes, birdbaths, etc., require an application Swimming Pools, Hot Tubs and Spas Since few living units within Captain s Cove Golf & Yacht Club have yards suitable for a private pool, in-ground pools and above ground pools are prohibited. Hot tubs and spas other than an inflatable or temporary design and function require an application and are considered a major addition. ECC recognizes the popularity of hot tubs and spas and their potential suitability for certain lots. Because of the common used drainage method, the various lot sizes within Captain s Cove and the community sensitivity to environmental concerns, all hot tubs and spas require an application. No hot tub or spa 14
may be erected in front of the two primary rear corners of the dwelling. Neither inflatable nor plastic wading pools require an application, however, they must be located so as to be drained without affecting neighboring properties. All such pools must be drained and removed from site daily or be kept to the rear of the two primary rear corners of the dwelling and enclosed by a fence or a landscape screening. Swing Sets, Sandboxes and Other Play Equipment Play equipment requires an application. The following guidelines are intended to assist in both planning the play area and filing the necessary application: 1. All play equipment should be located behind the rear foundation line. 2. Wood equipment should be left unpainted and allowed to weather or applied with a clear weatherproofing agent. 3. Metal equipment should be painted in earth tone shades of gray, brown or black using flat colors rather than semi-gloss or gloss to match the color of the dwelling. 4. No play equipment shall be located within ten feet of the owner s property line. Other Alterations When a guideline is not available for the project you are proposing, a complete application should be filed. What To Do If The Application Is Disapproved? If an application is disapproved, the property owner has the right to appeal the decision to the Board of Directors. The property owner should contact the Chairperson of the ECC or the General Manager for the procedure to file an appeal. 15
Before filing an appeal, the property owner should first consider why the application was disapproved. If the property owner is willing to accept changes recommended by the ECC (if any are made), the property owner can submit an amended application using the previously submitted application as a supporting document, and indicating the changes that may make the application acceptable. If information was missing from the application, the property owner should resubmit with the required information. In any event, any applications resubmitted will be subject to the same scheduling and hearing timeframe as required for a new application. If you start alterations/additions without first obtaining written approval of your plans, you do so at your own risk. If you fail to submit an application or if your application is turned down or modified, you may face the cost of removing the alteration/addition plus the cost of litigation if necessary. You would also be subject to fines as permitted under the Virginia Property Owners Act. These circumstances may also arise if your property has been altered without approval prior to your purchase. 16