ARTICLE VII
ARCHITECTURAL CONTROL
Section 1. Review of Plans.
No building, fence wall, canopy, awning, structure or improvement shall be commenced, erected, altered, moved, removed or maintained upon the Properties, nor shall any exterior addition to, or change or alteration thereof be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, through an Architectural Control Committee composed of three (3) or more representatives appointed by the Board.
Section 2. Architectural Control Committee.
The Architectural Control Committee shall exercise its best judgement to see that all improvements, construction, landscaping and alterations on lands within the Properties conform to and harmonize with existing surroundings and structures.
Section 3. Procedures.
The Architectural Control Committee shall approve or disapprove all plans and requests within thirty (30) days after submission. In the event the Architectural Control Committee fails to approve or disapprove such plans and requests within thirty (30) days after requests have been submitted, approval will not be required, and this Article will be deemed to have been fully complied with.
Section 4. Majority Vote.
A majority vote of the Architectural Control Committee is required for approval or disapproval of proposed amendments.
Section 5. Written Records.
The Architectural Control Committee shall maintain written records of all applications submitted to it and of all actions it may have taken.
ENFORCEMENT OF GUIDELINES FOR ARCHITECTURAL CONTROL
Means of enforcement of the Association’s Architectural Control Guidelines are provided by terms contained in the Covenants, Conditions and Restrictions document.
The Covenants generally provide that the Architectural Control Committee has the right and the duty to promulgate and enforce reasonable rules to regulate the external design, appearance, use, location and maintenance of the Properties and the improvements thereon in such a manner so as to preserve and enhance the appearance of the community.
The guidelines included below are not intended to be inclusive of all restrictions and conditions to architectural improvements in the community, and the Architectural Control Committee reserves the right to interpret the intent or, with Board of Directors approval, to modify the guidelines as considered necessary.
BUILDING ALTERATIONS, ADDITIONS, AND DETACHED STRUCTURES
GENERAL POLICIES
Any addition to an existing building, any exterior alterations, or change in an existing building, or any new detached structure must have the approval of the Architectural Control Committee before any work is undertaken. Examples of such projects include a deck, storage shed, fireplace, fence, etc.
Any addition, exterior alteration, or change to an existing building shall be compatible with the design character of the original building. Any new detached structure shall be compatible with the parent structure.
AWNINGS
Awnings, as a general rule, are not felt to enhance the aesthetic qualities of a community and are therefore discouraged by the Board. Exceptional cases may be considered by the Architectural Control Committee, however.
MATERIALS AND COLOR
Only the exterior material existing on the parent structure or compatible with the architectural design character of the community will be approved. Exterior color changes will be approved only if the proposed color is in harmony with the other existing homes in the community or if the color is similar to colors originally employed by the community.
ROOFS
All roofs will be of wooden construction, lightweight concrete or tile unless otherwise approved by the Board. No approval will be given for composition roof material. (See attached roof materials that have been approved)
Any dormers required shall have sufficient slope to accommodate wood shingles.
No flat roofs will be constructed without approval by the Board. It is generally believed that flat roofs do not enhance the appearance of structures.
FENCES, WALLS, AND SCREENS
The Architectural Control Committee’s goal is to keep all fencing or screening as harmonious as possible with the architectural character of the community. Any fence or screen must have the approval of the Architectural Control Committee before installation is undertaken.
As a general rule, privacy fences will not be approved, except for the area immediately surrounding an approved pool or hot tub when required by code. Split rail fences are encouraged where fences are desired. The Board will not approve and application for the installation of chain link or other galvanized metal fencing.
No fence or screen will be approved if this installation will obstruct sight lines for vehicular traffic.
Fences may be privately installed but must be constructed to professional levels of quality. Non-professionally installed fences will be inspected by a representative of the Committee after completion to insure that the final product is of professional quality and final approval of the fence is withheld until successful completion of this final review.
LANDSCAPING AND PLANTING
Landscaping work and planting requires the approval of the Architectural Control Committee.
Trees, hedges, and shrubs, which restrict sight lines for vehicular traffic shall be cut back or removed. Shrubs should not be permitted to unduly restrict the view from other property.
EXTERIOR ANTENNAS, SATTELITE DISHES
Per the FCC Rule pertaining to Satellite Dishes and Antennas adopted in October 12, 2000 and subsequent amendments, owners are permitted to install a satellite dish up to 1 meter (39”) on their property. If a homeowner can receive adequate signals from satellite dishes installed on the ground and ground installation does not unreasonably delay or increase the cost of installation, rooftop installations will not be permitted. Wiring must be concealed. If a ground installation will not have adequate signals for satellite dishes, owners may install the dish on their building in the least obtrusive location, mindful of overhead power lines or other safety issues. The color of the dish itself should blend in with the background that it is installed on. Dishes larger than 1 meter, must go through the Architectural Control Process approved by the Board of Directors.
SWIMMING POOLS
Permanent type backyard swimming pools must have the approval of the Architectural Control Committee before any work is undertaken. Permanent backyard swimming pools will be approved only after careful consideration of the potential effect of such a pool on neighboring property.
Temporary swimming pools above grade having a depth less than 24 inches require no such approval.
An application for the construction of a permanent type backyard swimming pool will not be considered unless the application is accompanied by an application for an acceptable fence design. The design shall conform to county or municipal regulations for such fencing. Use of planting in the vicinity of the pool is recommended to soften the effect of sound on adjacent property.
DRIVEWAYS AND PATIO
Extensions, widening, or rerouting of existing driveways must have the approval of the Architectural Control Committee before any work is undertaken.
RETAINING WALLS
Any retaining wall must be approved by the Architectural Control Committee before installation is initiated.
Retaining walls which divert ground water onto adjoining properties or which otherwise substantially change the existing drainage pattern will not be approved.
PLAY EQUIPMENT
Play equipment such a basketball goals, sandboxes, temporary swimming pools having a depth less than 24 inches, playhouses and tents shall not require approval of the Architectural Control Committee provided that such equipment is not more than 6 feet high, in good repair (including painting), and every reasonable effort has been made to screen or shield such equipment from view. Equipment higher than 6 feet shall require approval as to design, location, color, material and use.
MISCELLANEOUS
Exterior lighting shall not de directed in such a manner as to create an annoyance to adjacent property.
Trash and garbage containers shall not be permitted to remain conspicuous except on days of trash collection.
Garage doors shall be kept closed except during times of actual use of the garage facility.
Permanent clotheslines will not be approved.
SQUARE FOOTAGE OF HOUSES
i. No one-story or ranch-style home shall consist of less than 1,800 square feet of finished living area, excluding basements, open porches, decks and garages.
ii. No home of more that one-story-story shall consist of less than 2,400 square feet of finished living area, excluding basements, open porches, decks and garages.
FRONT SETBACK REQUIREMENT
No home shall be constructed forward of front of foundation of adjacent home(s).
All homes shall be constructed parallel in nature to adjacent home(s).
TOP OF FOUNDATION REQUIREMENTS
Top of foundation of any structure shall not exceed the lower of any immediately adjacent property without prior consent of architectural committee.
PRELIMINARY SUBMITTAL ON NEW CONSTRUCTION
A total of two (2) sets of preliminary drawings is required to be submitted to the Committee, each set to consist of the following items:
i. Site and Grading Plan
Location and finished floor elevations of garage, first and second floors, and walkout basements for main buildings on the lot, at a scale of 1”-20’, and including:
· Legal description; north arrow; name, address and telephone number of owner.
· Property lines.
· Building envelope dimensions with centroid of the envelope established in relation to property lines or the setback requirements as established.
· Front, rear, and side yard dimensions to buildings from property lines.
· Drives, parking areas (if any), and walkways.
· Square footage of the building footprint for each building.
· Topography of site at two-foot (2’) intervals showing existing and proposed contours and drainage courses and cut/fill areas.
· Location and elevation of access road and off-street parking lot design, if any, including ingress and egress points.
· Location, elevation and square footage of any other improvements such as tennis and basketball courts, swimming pools and patios.
· Reference to adjoining properties streets, utility and other easements and drainage courses; and reference to buildings on adjoining properties and their uses.
· Landscape Plan.
· Fencing Plan.
· Exterior Lighting Plan.
ii. BUILDING PLAN
Indicated for all buildings the following at a scale of 1/8” = 1’ or ¼” = 1’:
· Pitch, valleys, hips, materials, and overhangs.
· Main structures and all accessory structures, including balconies, decks and square footage of each floor within the main building.
· All exterior elevations with materials, dimensions, final and original grade line and finished floor elevations clearly indicated.
· Sections which will include finish grade, finish floor and maximum roof height.
FINAL SUBMISSION TO COMMITTEE ON NEW CONSTRUCTION
All working drawings must be approved by the Committee prior to submittal to Arapahoe County for a building permit, and prior to commencement of any construction.
A total of two (2) sets of working drawings and specifications must be submitted to the Committee, each set consisting of the following items:
· All of the revised, final drawings required under the Preliminary Submittal.
· Sufficient exterior construction detail to allow the Committee to review finish design.
· Exterior colors, materials and finishes, which shall be presented in the form of a white, rigid 1/8” board approximately 24”x 24” displaying each material in sufficient size to evaluate its final use and appearance. Proposed paint or satin finishes shall be applied to the trim and siding materials in the same manner as will be done on the building. Finishes shall identify product brand and color identification. Such sample board must indicate the name of the applicant and legal description of the property. Final exterior colors may be submitted at a later date; however, no exterior finishes, including application of brick or stone, may take place without prior approval by the Committee.
· Final site and grading plan incorporating any comments and changes proposed by the Committee.
· Fencing, landscaping and exterior lighting plans required under the Preliminary submittal.
