Brambleton Community Association Design Guidelines

Transcription

1 Brambleton Community Association Design Guidelines Adopted 4/2/2013 Also available online at

2 INTRODUCTION 4 VISION, MISSION & CORE VALUES 4 PURPOSE OF THE DESIGN GUIDELINES 4 BASIS FOR AND OBJECTIVES OF PROTECTIVE COVENANTS 4 ROLE AND AUTHORITY OF THE COVENANTS COMMITTEE 5 ALTERATIONS REQUIRING REVIEW AND APPROVAL BY THE COVENANTS COMMITTEE 6 DESIGN REVIEW CRITERIA 7 APPLICATION AND REVIEW PROCEDURES 9 ENFORCEMENT PROCEDURES 11 PROPERTY MAINTENANCE STANDARDS 14 GENERAL PROJECT GUIDELINES 15 DESIGN GUIDELINES 16 ADDITIONS/ALTERATIONS 17 AIR CONDITIONING UNITS/HEAT PUMPS 19 ANTENNAS AND SATELLITE DISHES 20 ARBORS 21 ARTIFICIAL TURF/OUTDOOR CARPETING 22 ATTIC VENTILATORS 23 AWNINGS / SUN CONTROL DEVICES 24 BASKETBALL EQUIPMENT 25 CHIMNEYS/FLUES 27 COLOR CHANGES 29 COMPOST BINS 30 DECKS 31 Section Specific Requirements: 31 Section Section Section A. Ground-Level Deck: Detached Home 34 Ground Level Decks: Attached Townhomes: 36 B. Elevated Decks: Detached Home 38 Elevated Decks: Attached Townhome: 40 DOG HOUSES AND DOG RUNS 42 DOORS 43 Door Additions/Replacements 43 Storm/Screen Doors 44 Garage Doors 45 DRAINS/FRENCH DRAINS 46 DRIVEWAYS/PARKING PADS 47 EXTERIOR DECORATIVE OBJECTS 49 EXTERIOR LIGHTING 50 FENCES 52 Section Specific Requirements: 53 Section 3, 14 & Sections 7, 8 & 9 53 Section Section 18 53

3 Builder Specific Requirements: 53 Gulick Group 53 Stanley Martin Homes 53 Miller & Smith 54 FIREWOOD 57 FLAGPOLES/FLAGSTAFFS 57 GAZEBOS 58 GUTTERS and DOWNSPOUTS 59 HANDICAPPED ACCESS FACILITIES 60 HOLIDAY DECORATIONS AND LIGHTING 60 HOT TUBS/SPAS 61 HOUSE NUMBERS 62 IRRIGATION 63 LANDSCAPING 64 LANDSCAPE FEATURES 67 MAILBOXES 68 OUTDOOR KITCHENS/PERMANENT GRILL AREAS/PORTABLE GRILLS 69 PATIOS 70 PEST CONTROL DEVICES 71 OUTDOOR FIREPLACE/FIREPIT 72 OUTDOOR FURNITURE 73 OUTDOOR STORAGE 73 PERGOLAS 74 PLAY HOUSES 75 RAIN BARRELS 77 RECREATION AND PLAY EQUIPMENT 78 ROOFING 80 SCREENED/OPEN PORCHES 81 Builder /Section Specific Requirements - Section SECURITY DEVICES 83 SHADE STRUCTURES/CANOPIES/SAILS 84 SHEDS 85 SHUTTERS 87 SIDING 88 SIGNS 89 TEMPORARY SIGNAGE 89 SKYLIGHTS 90 SOLAR PANELS 91 SUNROOMS 92 SWIMMING POOLS 94 TEMPORARY STORAGE CONTAINERS/PODS 95 TRAMPOLINES 95 TRASH ENCLOSURES 96 TREES 97 Tree Removal 97 Planting Trees 98 TRELLISES 99

4 VEGETABLE GARDENS 100 WALKWAYS/RAMPS 101 WALLS/RETAINING WALLS/FEATURE WALLS 103 WATER FEATURES/WATER GARDENS/PONDS 105 WINDOWS 106 Window Additions/Replacements 106 Storm/Screen Windows 106 Window Additions/Replacements 106 WIRES AND CABLES 108 APPENDICES 111 APPENDIX I APPLICATIONS & REVIEW PROCESS QUICK OVERVIEW GUIDE 112 A) Design Review Application B) Home Based Business Application C) Review Process Quick Overview Guide APPENDIX II-A 113 Standard fence detail Spaced picket fence APPENDIX II-B 114 Standard fence detail Spaced picket fence with Mount vernon dip APPENDIX II-C 115 Standard fence detail Aluminum/iron APPENDIX II-D & II-D(2) 116 Standard fence detail Vertical board with lattice top (For Miller and Smith Single Family Detached Homes and Certain Miller and Smith Attached Town Homes Only) APPENDIX III 117 Approved storm door styles APPENDIX IV 118 Miller & Smith Grand Vista Homes Section 22 Deck, Screened & Open Porch Details APPENDIX V 119 Additional resources APPENDIX VI 120 Hearing guidelines APPENDIX VII 121 Adopt-a-spot guidelines

5 INTRODUCTION VISION, MISSION & CORE VALUES Brambleton Community Association has established a strategic planning process to ensure that the organization is focused on future goals. As part of the process, the Association has identified the Vision, Mission and Core Values of the Association as outlined below. The entire Strategic Plan and the goals are available at Vision: Leading a hometown community with high-tech traditions where everyone can connect with life. Mission: Brambleton Community Association is committed to proactively leading a quality community for its residents through stewardship of resources, advanced technology, and enhanced lifestyle opportunities. PURPOSE OF THE DESIGN GUIDELINES The primary purpose of the Design Guidelines is to familiarize Brambleton Lot Owners with the objectives, scope and application of the overall design review criteria, specific design guidelines and property maintenance standards which are intended, and will be enforced, to maintain the aesthetic appearance and environmental quality of the Brambleton Community. Familiarity with the Design Guidelines should assist Lot Owners in the preparation of applications for modifications to their property which are consistent with the design standards and guidelines and in the maintenance of their property in compliance with the property maintenance standards. BASIS FOR AND OBJECTIVES OF PROTECTIVE COVENANTS The Declaration for Brambleton ("Declaration") is the legal document for the Brambleton Community Association that contains covenants and use restrictions, including those pertaining to the Design Guidelines. The Declaration is recorded in the land records of Loudoun County. Legally, these covenants are a part of the deed for each Lot and are binding upon all Lot Owners, their tenants, and their successors in Ownership, irrespective of whether the Owners are familiar with such covenants. The Declaration is the legal basis for the protective covenants and any rules/regulations adopted pursuant thereto, including these Design Guidelines. The objective of the protective covenants is to establish legally enforceable use, maintenance, environmental and architectural design standards for the entire community. As part of that larger objective, the promulgation and enforcement of the Design Guidelines accomplishes the following: Maintain consistency with the overall design concept for the community; Promote harmonious architectural and environmental design qualities and features; Promote and enhance the visual and aesthetic appearance of the community. 4

6 ROLE AND AUTHORITY OF THE COVENANTS COMMITTEE All Lot Owners in Brambleton are automatically members of the Brambleton Community Association. The Association is a non-stock corporation which owns and is responsible for the upkeep and maintenance of all Common Areas within the community. The Association is also responsible for the administration and enforcement of all covenants which are applicable to property Owners, including the Design Guidelines. The Declaration (Article 9) Architectural Review provides that responsibility for the enforcement of the Design Guidelines shall be exercised through a Covenants Committee, the members of which shall be appointed by the Board of Directors of the Association. The Declaration provides for the creation of several covenants committees. The committee responsible for reviewing applications for modifications and improvements to single-family residential Lots is the Modifications and Rules Enforcement Committee, which is referred to in this document as the "Covenants Committee," or just "Committee." The Committee is responsible for enforcing the Association's Design Guidelines with respect to exterior modifications to homes and Lots proposed by Lot Owners. The Committee does not have approval authority over initial construction by the Declarant, any Participating Builder or for construction on parcels adjacent to the community. The Committee shall review and approve (or disapprove) applications submitted by Lot Owners for exterior additions, alterations or modifications to a home or Lot. The review process shall be governed by these Design Guidelines as promulgated by the Association's Board of Directors. As part of its responsibilities, the Covenants Committee makes recommendations to the Board of Directors with respect to the modification of the Design Guidelines initially approved by the Board. The Committee is also responsible for reviewing possible violations of the Association's Design Guidelines, as well as violations of the Association s legal documents and rules and regulations. The Committee has authority to take such enforcement actions as outlined in the Declaration for Brambleton and Policy Resolutions of the Board. Any exterior modifications to the dwelling, Lot or any other improvement thereon require the prior approval of the Committee. Lot Owners are advised that no work on any proposed change which requires an approved application shall begin until the Covenants Committee has approved an application for such work. If work is begun prior to approval, Lot Owners are advised that they may be required to return the property to its former condition at their expense. If the application is disapproved wholly or in part and either judicial action or arbitration is required to enforce the protective covenants or these Design Guidelines, the prevailing party in such action or arbitration may be awarded its attorney s fees and any other costs or expenses related to the proceeding. Approval by Brambleton s Covenants Committee shall in no way be deemed an approval of the modification, alteration or improvement with respect to the location, structural design, suitability of water flow or drainage, location of utilities, or any other aspect of the project which may be governed by federal, state or county laws, ordinances or regulations. The scope of the Covenants Committee's review of applications does not include review for compliance with any applicable building and zoning codes of Loudoun County. Section 3.3.(a) (Association Access) of the Declaration grants the right of access over and through any portion of the Property (excluding any improvement) to the Association, the managing agent and any other persons authorized by the Board of Directors or the appropriate 5

7 Covenants Committee, in the exercise and discharge of their respective powers and responsibilities, including without limitation to make inspections, correct any condition originating in a Lot or in the Common Area threatening another Lot or the Common Area, correct drainage, perform installations or upkeep of utilities, landscaping or other improvements located on the Property for which the Association is responsible for upkeep, or correct any condition which violates the Association Documents. (The agents, contractors, Officers and Directors of the Association may also enter any portion of the Property (excluding any improvement) in order to utilize or provide for the upkeep of the areas subject to easements granted in this Article to the Association.) ALTERATIONS REQUIRING REVIEW AND APPROVAL BY THE COVENANTS COMMITTEE The Declaration for Brambleton is recorded among the land records of Loudoun County and encumbers all real property (land) within the Brambleton community. Therefore, any clearing, grading, construction or improvements must be reviewed and approved by the Committee prior to implementation. Such construction or improvements include any additions, alterations or modifications to the exterior of properties or homes within Brambleton, whether permanent or temporary. The review process is not limited to major additions or alterations, such as adding a room, deck, or patio. It also includes such items as changes in color and materials. Approval is also required when an existing item is to be removed. In general, only those areas that are painted may be repainted; only those areas that are stained may be re-stained; unpainted surfaces and unstained areas shall remain unpainted and unstained. The Lot Owner is responsible for complying with these Design Guidelines, initiating the reviews and obtaining the required approvals. While there are no exemptions or automatic approvals and each application will be reviewed on an individual basis, there are a number of exceptions to this otherwise inclusive review requirement. 1. Building exteriors may be repainted or re-stained provided that there is no color change from the original. Similarly, exterior building components may be repaired or replaced so long as there is no change to what was provided at original construction. 2. In general, landscape improvements of a small scale, such as foundation plantings or single specimen plantings that do not involve a change in topography or grade and which are not of sufficient scale to constitute a natural structure, will be exempt from the design review process. 3. There are several modifications referenced in the Design Guidelines where approval is not required, provided that the modification conforms to the Design Guidelines. For example, installation of a storm door which conforms to the Design Guidelines does not require prior approval. If there is any doubt as to whether or not a proposed exterior change is exempt from design review and approval, please seek clarification from the Covenants Committee before proceeding with the 6

8 improvement. Clarification should be requested in writing and submitted via using the contact information below. An application is attached to these Design Guidelines. To obtain additional applications, please go to the Brambleton Community Association website located at If you have any questions or need assistance, please contact: Brambleton Community Association Ryan Road, Suite 210 Brambleton, VA Office / Fax Covenants@Brambleton.org Website: DESIGN REVIEW CRITERIA In reviewing applications for modifications, additions or improvements to homes and Lots, the Covenants Committee will examine the conformance of applications to the these Design Guidelines, as well as to any covenants or use restrictions in the recorded Declaration. There will be instances where the approval or disapproval of an application is based upon specific permitted or prohibited actions, uses or materials. For example, an application to install a chain link fence will not be approved because the type of fencing material is prohibited by both the Declaration and the Design Guidelines. However, the Design Guidelines cannot envision every type of improvement for which an application may be submitted and, as such, there must be latitude for the Covenants Committee to review applications based upon certain criteria. Judgments of acceptable design are based on the criteria listed below which, depending on the particular application, may not be all-inclusive. The latitude to evaluate applications based on appropriate design criteria should not result in the imposition of personal opinion or taste by the Covenants Committee. The Covenants Committee possesses the authority to evaluate each application based upon its individual merit and specific circumstances, such as characteristics of the housing style, the individual site and relationship to surrounding properties and environmental features. What may constitute an acceptable design and approvable application in one case may not in another. 1. Relation to Environmental Conditions and Community Open Space Harmony of a design with its surrounding natural environment is an important factor. Fencing, in particular, can have damaging effects on open space. Other factors, such as the removal of trees, disruption of the natural topography, vegetation and changes in rate or direction of storm water run-off, also adversely affect the environment in terms of aesthetics or functionality. 2. Validity of Concept The basic idea must be sound and appropriate to its surroundings. 3. Design Compatibility The proposed improvements must be compatible with the architectural characteristics of the applicant s house, adjacent or adjoining houses, and the neighborhood setting. Compatibility is defined as similarity in architectural style, quality of workmanship, similar use of materials, color and construction details. 7

9 4. Location and Impact on Neighbors The proposed alteration should relate favorably to the landscape, the existing structure and the neighborhood. The primary concerns are access, view, sunlight, ventilation, and drainage. For example, fences may obstruct views, breezes, airflow or access to neighboring property; decks or larger additions may cause unwanted shadows on adjacent patios or infringe on a neighbor s privacy and view. For another example, an inappropriate clutter of play equipment or an ill-planned landscape scheme may also affect existing neighbors. Common Area Proximity - Any exterior modification that may have an impact on the aesthetics of an adjacent Common Area may have more stringent requirements for architectural facades, landscaping, materials, quality and style. 5. Scale The size (in three dimensions) of the proposed alteration should relate well to adjacent structures and its surrounds. For example, a large addition to a small house may be inappropriate. 6. Color Color may be used to soften or intensify visual impact. Parts of an addition that are similar in design to an existing house, such as roofs and trim, should match in color and composition. A sample board of exterior materials, finishes, and colors may be required at the sole discretion of the Covenants Committee. 7. Materials Continuity is established by use of the same or compatible materials as were used in the original house. The options may be limited somewhat by the design and materials of the original house. 8. Workmanship The quality of work should be equal to, or better than, that of the surrounding area. Poor practices, besides causing the owner problems, can be visually objectionable. By approving an application, the Brambleton Community Association, Board and the Committee assume no responsibility for the safety, structural integrity, quality or workmanship of any new construction. It is the responsibility of each applicant to obtain a Building Permit where required and comply with Loudoun County codes and regulations. 9. Timing Projects that remain incomplete for long periods of time are visually objectionable and can be a nuisance and safety hazard for neighbors and community. Article 9.5(b)(1) of the Declaration states: Any Person obtaining approval of the Covenants Committee shall commence construction or alteration in accordance with plans and specifications approved within six months after the date of approval and shall substantially complete any construction or alteration within twelve months after the date of approval or within such other period as specified in the approval. Notwithstanding the foregoing, the approval may provide for a different period during which to commence or complete construction. If any such Person does not complete the work within twelve months after approval, or such other time period determined by the Covenants Committee, the approval shall lapse and be considered a violation. The Association will rely on the Enforcement Procedures to correct the violation. 8

10 10. Site Appearance A daily clean-up of project waste materials is necessary, including the orderly stacking and storage of all construction materials/supplies out of sight. No longterm accumulation of materials may be stored in a location Visible from Neighboring Property. Materials are to be stored out of view. APPLICATION AND REVIEW PROCEDURES Application and review procedures followed by the Covenants Committee are detailed in Article 9 of the Declaration and below. 1. Applications. All applications for proposed modifications, additions or improvements must be submitted in writing using the application form authorized by the Covenants Committee. A copy of this form is included as an exhibit (Appendix I) to this document. Applications must be complete in order to commence the review process. Incomplete applications will be returned to the applicant with a statement of deficiencies which must be remedied in order to be considered for review. Unless notified to the contrary, Lot Owners should submit applications to the following address: Brambleton Community Association Ryan Road, Suite 210 Brambleton, VA Covenants@Brambleton.org 2. Supporting Documentation. The application must include a complete and accurate description of the proposed improvement(s). In order to permit evaluation by the Covenants Committee, supporting exhibits will frequently be required. Examples include: an official record plat showing the location and dimensions of the proposed improvement; architectural drawings or plans, as applicable; landscape plan; material and/or color samples, etc. These Design Guidelines and the application form provide guidance with respect to the supporting documentation required for various types of improvements. Photographs of existing conditions and surrounding areas (if applicable) are encouraged in order to assist the Committee with its review. 3. Time Frame for Completion of the Review. The Covenants Committee is required to approve or disapprove any proposed improvement within sixty (60) days after the receipt of a properly completed application. However, the review period will only commence upon the receipt of a complete application form, including any required exhibits. It is therefore advisable for Lot Owners contemplating substantial improvements to first ensure that they are aware of all required supporting documentation prior to submitting a design review application. In the event that the Committee fails to act within the sixty (60) day period, an application will be automatically referred to the Board of Directors for a decision. The Board of Directors must respond within forty-five (45) days after the first Board of Directors' meeting following referral of an application to the Board, but not more than sixty (60) days following referral of the application. 9

11 4. Notice of Approval/Disapproval. Lot Owners who have submitted design review applications will be given written notice of the decision of the Covenants Committee. 5. Appeals Procedure. Lot Owners who have submitted design review applications may appeal decisions of the Covenants Committee to the Covenants Committee and the Board of Directors. An applicant whose application has been denied or modified by the Covenants Committee may request reconsideration by the Committee if new or additional information which might clarify the application, or demonstrate its acceptability, can be provided. A request for reconsideration must be submitted in writing within ten (10) days following a decision by the Covenants Committee. The Covenants Committee shall respond to a request for reconsideration of a decision within thirty (30) days from the date of receipt of such request. A Lot Owner may appeal a decision of the Covenants Committee by submitting a written request to the Board of Directors within ten (10) days after the date of an action by the Covenants Committee. This request should include any new or additional information which might clarify the requested change or demonstrate its acceptability. The Board may, at its discretion, conduct an informal hearing related to the appeal. Such hearing must be convened at the next scheduled meeting of the Board of Directors which occurs more than ten (10) days after receipt of the appeal by the Board. The Board of Directors must consider an appeal and respond in writing to the applicant within sixty (60) days following the receipt of an appeal. 10

12 ENFORCEMENT PROCEDURES The Declaration and Bylaws of the Association empower the Covenants Committee and the Board of Directors to enforce compliance with the Association's Design Guidelines. The following enforcement procedures will be used to ensure compliance. A. Written Complaint. Any member or resident may initiate the enforcement process by filing a written complaint with the Association s Managing Agent, the Board of Directors or Covenants Committee. The complaint must include a concise statement s setting forth in clear language the specific act(s) or omission(s) by which the offending party is allegedly in violation of the Declaration or these Design Guidelines. The complaint should be as specific as possible with respect to times, dates, places and persons involved. All complaints must be signed by the complaining party ("Complainant"). B. Preliminary Investigation. Upon receipt and consideration of the complaint, the Managing Agent, member of the Board or Covenants Committee may make a preliminary investigation as to the validity of the complaint. If the condition has been corrected, or the complaint is invalid for any reason, the Managing Agent shall respond in writing to the Complainant. If the preliminary investigation indicates the need for further action, the Managing Agent may proceed as appropriate. If it is questionable as to whether a violation exists, the Managing Agent, a member of the Board or Covenants Committee shall ask the Board or Covenants Committee to investigate and provide direction. C. Notice. If preliminary investigation indicates further action is necessary, the Managing Agent shall mail a written notice by certified mail, return receipt requested, to the alleged offender at the alleged offender s address listed on the records of the Association and to the property address, if the record address is different. In the event that the certified mailing is refused or not picked up, notification shall be deemed to be effective three days after the date of mailing. If the violation is not of an urgent nature, as determined by the Managing Agent, the Board or Covenants Committee, an informal notice may be sent prior to the certified notice. Written notice to an alleged offender shall advise the alleged offender of the nature of the offense, the identity of the specific provision within the legal documents which has allegedly been offended, the specific remedy required, and the number of days by which corrective action must be begun or completed in order to preclude the possible imposition of a penalty or remedy. II. ENFORCEMENT REMEDIES If written notice to the alleged offender does not result in an abatement of the alleged offense, the Board or Covenants Committee may pursue enforcement remedies, which may include the following measures. 11

13 A. The suspension of use privileges of the Recreation Facilities and other Common Areas (except for streets and access ways) for a period not to exceed sixty (60) days for any infraction of the Declaration and/or Rules and Regulations (including these Design Guidelines) of the Association. The effective date of the suspension is to be determined by the Board or Covenants Committee and may be deferred to a date certain. The levying of a monetary charge in the maximum amounts of $50.00 for a single violation or $10.00 per day for a continuing violation, not to exceed a total of $ for each violation identified, or such lesser amounts as may be established by the Board of Directors. III. HEARING PROCEDURES None of the enforcement remedies cited above may be imposed by the Board or the Covenants Committee until an opportunity for a hearing has been provided to the alleged offender. The following guidelines apply to the hearing procedure: A. The Managing Agent shall send a written notice, mailed by registered or certified mail, return receipt requested, to the member, advising the member of his or her right to contest the complaint at the hearing before the Board of Directors or Covenants Committee, which hearing may be scheduled no sooner than fourteen (14) days following the mailing of the notice letter. B. Such notice shall advise the member of the date, time and location of the hearing, of the member s right to be represented by counsel at the member's expense, and of an earlier date, at least five (5) days following the date of the mailing of the notice, by which the alleged offender must, by written notification to the Association s Managing Agent, confirm the intention to attend the hearing or make a request for the hearing to be conducted on a date other than as specified in the notice. A request to reschedule a hearing must be submitted in writing at least two (2) days prior to the scheduled date of the hearing. This request may be granted if reasonable and satisfactory justification for rescheduling the hearing is presented. The Board or Covenants Committee shall set all hearing dates at their discretion. When no response is received by the Association from the alleged offender by the hearing confirmation date, or the member confirms attendance but fails to attend the hearing without providing reasonable and satisfactory explanation, the alleged offender shall be deemed to have waived the right to attend the hearing. In such a case, the Board or Covenants Committee may impose enforcement sanctions in the absence of the alleged offender. No such action shall be effective until a motion of the Board or Covenants Committee is duly passed. The minutes of the hearing at which the motion is passed must contain a written statement of the results of the motion, the imposed sanction, if any, and proof that the notice and invitation to be heard was mailed. When the member exercises his or her right to a hearing, the member has a right to present information or documents, present witnesses and question any witnesses against him, and a general albeit informal right to be heard, within reasonable limitations as established by the 12

14 Committee or Board of Directors. Legal/judicial rules of evidence and of civil/trial procedure shall not apply nor shall they be enforced. Following the evidentiary portion of the hearing, the Board or Covenants Committee may conduct its deliberations in Executive Session to determine if the alleged violation occurred or exists and, if so, whether monetary charges or a suspension of recreational or facility use privileges should be imposed. Notice of the decision of the Board or Covenants Committee shall be mailed to the alleged offender by certified mail within seven (7) calendar days of the hearing or such other period of time provided by the Virginia Property Owners Association Act. When the outcome is unfavorable to the member, the Board or Covenants Committee shall instruct the Managing Agent to undertake the administrative actions required to implement the sanction(s) imposed. When the outcome is favorable to the member, the records of the Association shall so indicate, and the occurrence in question shall be disregarded for purposes of determining whether any allegation of subsequent offenses are regarded as continuing offenses. If the Board or Covenants Committee, after providing an opportunity for a hearing to the alleged offender, determines there is satisfactory proof that a member has committed or is committing a continuing offense, and that monetary charges should be assessed, the calendar days for which daily charges may accrue shall commence on the day after the member is in receipt of the notice of the decision made at the hearing and shall terminate upon the day on which the Association s Board of Directors, Covenants Committee or Managing Agent observes that correction has occurred, or is notified by the member that such correction has occurred, subject to later confirmation by the Association. In no event shall the daily charge for a continuing violation be imposed for a period in excess of ninety (90) days. A member shall be deemed to have received notice of an action three (3) days from the date of mailing of a certified letter. IV. RIGHT OF APPEAL Any member upon whom a sanction has been imposed by the Covenants Committee in accordance with this Resolution may appeal such decision to the Board of Directors. The appeal must be in writing and submitted to the Board within ten (10) days from the date of an action by the Covenants Committee. In the event of an appeal, any sanctions imposed by the Covenants Committee shall be suspended until the Board has acted on the appeal. V. APPLICABILITY The procedures delineated herein may be applied to violations of the rules and regulations and legal documents of the Association, but do not preclude the additional independent application of any other enforcement procedures and remedies, as authorized in the Association s Declaration, Policy or Regulatory Resolutions and state law, including, but not limited to: A. Tagging and towing of prohibited or unauthorized vehicles as authorized under Policy Resolution No. 6, Vehicle Policies. 13

15 B. The removal of pets from the property for causing or creating a nuisance or disturbance, as authorized by Policy Resolution No. 7, Pet Policies. C. Initiation of legal action as authorized by the Association's Declaration or the Code of Virginia. PROPERTY MAINTENANCE STANDARDS A. All portions of a Lot which are not improved by an impervious surface or a structure must be maintained with grass, landscape plantings or mulch. No bare earth may be exposed on a Lot. The use of gravel, river rock or other non-plant based ground cover is restricted to limited use such as to assist with drainage at the termination of a downspout or air conditioning condensate line. These materials may not to be used as primary ground cover on a Lot. No artificial turf, flowers or other materials are permitted. B. All turf areas on a Lot must be kept neatly mowed, trimmed and edged to a consistent height. Turf may not be permitted to exceed six (6) inches in height at any time. C. Turf areas and other vegetation should be watered during dry periods, unless restrictions are imposed by the water authority. Any dead plants, shrubs or trees are to be immediately removed and replaced with similar landscaping material the following fall or spring, whichever is sooner. D. Turf areas and mulched landscape beds are to be kept as weed free as reasonable. At no time shall weed cover exceed more than twenty-five percent (25%) of the total turf area or 10% of mulched areas. E. No trash, debris or related containers may accumulate or be stored in a visible location on a Lot. Construction materials required for the improvement of a home or Lot are to be neatly stored in as unobtrusive a location on the Lot as possible when not in use F. All hedges, trees and shrubs must be neatly trimmed and maintained and their size maintained in proportion to the Lot and home through pruning. Tree stakes are provided when young trees are installed but are to be removed after one (1) year. If the stakes are left in place it can cause damage to the growing tree and become unsightly. All trees, plants and other landscaping materials shall be maintained such that they do not encroach on sidewalks. Tree limbs shall be pruned to a height of at least 8 above the sidewalk to provide unobstructed access. G. The exterior of a home must be maintained in an attractive manner. No significant blistering or peeling of exterior painted surfaces is permitted. Any exterior building components (i.e., siding, gutters and downspouts, roof shingles, windows and doors) 14

16 which are missing, broken or otherwise in a state of disrepair must be repaired as quickly as possible H. Mailboxes must be maintained to be functional and in good condition and repair. The use of reflective house numbers on the mailbox is strongly encouraged. The use of decorations on a mailbox is discouraged and the guidelines for Holiday Decorations apply. I. If a carriage light, or other type of lighting designed to operate automatically from dusk to dawn, is connected to the dwelling located on an Owner s Lot, such Owner shall be responsible for the daily operation and ongoing Upkeep of such light. If replacing the bulbs in the lamp does not render it operational, there may be a problem with the sensor on the post, the breaker, GFI outlet, and/or the wiring. Consulting with neighbors, the builders warranty department, or a licensed electrician, are resources for resolution. J. The Association requires residents to clear public sidewalks adjacent to their property of snow and ice as per the Loudoun County Ordinance. GENERAL PROJECT GUIDELINES Prior to beginning any project, all required building permits must be obtained and posted. Residents are reminded to contact Miss Utility, and to construct the improvements in a workmanlike manner in conformance with all applicable building and zoning codes. In general, all projects must be completed within one year of the commencement of the project. The temporary use of roll-off dumpsters during construction is permitted. The preferred placement location is on a private driveway. If a private or public street must be used, placement must be compliant with County and State requirements and sidewalks, driveways, vehicular traffic and sightlines for vehicular traffic may not be impeded. Written notice of intent to use this type of container, including the proposed placement, must be provided to the Management Office at: Brambleton Community Association Ryan Road, Suite 210 Brambleton, VA Office / Fax Covenants@Brambleton.org Contractor signage must meet the guidelines found under the heading of Temporary Signage. Commercial vehicles (as such vehicles are defined in Section 8.2(n) of the Declaration) related to any project may not park within Brambleton overnight. A contractor is considered a visitor or guest of the Lot Owners for whom the contractor is working. The member is therefore responsible to ensure that the contractor is aware of and complies with all of the Association s governing documents, policies, rules and regulations. 15

17 Per Articles 7 and 12 of the Declaration for Brambleton, Lot Owners are responsible for any damage and all costs to restore, repair or replace materials within Common Areas, or to Association Property, that results from any work performed by a resident or their contractor Lot Owners are responsible to ensure there is no negative impact to drainage systems or patterns as a result of any exterior modification they may make to their Lot. In addition, Lot Owners are required to mitigate any negative drainage impact to adjacent Lots which may occur as a result of any exterior modifications made by the member. PRIVATE IMPROVEMENTS PUBLIC RIGHTS OF WAY Lot Owners are hereby put on notice that the front property lines of most Lots do not extend to the public street and are typically located a few feet behind the curb and gutter, or public sidewalk. Lot Owners shall not install, construct or place any private facilities or improvements, including, but not limited to sprinkler/irrigation systems, fences, walls, landscaping, pavers, signs or other decorative improvements and appurtenant facilities within the dedicated public street right-of-way. Loudoun County, the Virginia Department of Transportation and/or the Declarant, as required for bond release and State road acceptance, may, in their sole discretion, without prior notice to the Lot Owner, remove any and all private facilities or improvements located within the dedicated public street right-of-way. DESIGN GUIDELINES The specific Design Guidelines, detailed on the following pages, have been adopted by the Board of Directors. Any proposed exterior improvement to a home or Lot which is not specifically referenced in these Guidelines requires application to and approval from the Covenants Committee. These Design Guidelines have been prepared in order to assist the Committee and Applicants with the design and review process. Because the Design Guidelines may be reviewed and revised from time to time, Applicants should consult the Brambleton website or contact the management office of the Brambleton Community Association prior to submission if there are any questions and to confirm the status of specific guidelines or design issues. Reference Documents The Declaration for Brambleton Policy Resolution #4 Enforcement Procedures Policy Resolution #5 Design Review Procedures and Guidelines Policy Resolution #6 Vehicle Policies Policy Resolution #7 Pet Policies Policy Resolution #8 Use of Lots, Living Units and Common Areas Policy Resolution #10 Use of Lots and Living Units for Home Based Businesses 16

18 ADDITIONS/ALTERATIONS General Considerations All additions/alterations require review and approval prior to construction. Additions/alterations may include room additions or extensions, garages, porches, or other changes to elevation or structure of the home. Additions shall be planned and designed with the same care and consideration as initial house construction. The addition/alteration shall be visually integrated with the existing house through the consistent and complementary use of architectural elements, materials, quality, style, colors and other details. The design must be compatible with the existing house in style, character, scale, massing, materials, colors and surrounding homes. In general, additions/alterations to attached housing, such as townhouses, shall be limited to the options available in accordance with approved project standards established by the builder. Roof pitches must match or be compatible with the roof slope on the applicant s existing houses. Roof materials must match that of the existing house or be compatible (i.e. standing seam metal roof in complementary color); siding must match existing siding in color, material, size, quality and style. Windows and doors must match those used in the applicant s house, or be of a similar style, material and quality, and are to be located in a manner which relates well to the location of exterior openings in the existing house. Shed-style roofs are prohibited; hip-style roofs are acceptable. If changes in grade or other conditions which will affect drainage are anticipated, they must be indicated and include detailed plans. Generally, approval will be denied if adjoining properties are adversely affected by changes in drainage. Specific Guidelines 1. The size and location of the addition must be appropriate in relation to the existing house and space available on the property. 2. The design and location should consider any adverse impact on neighboring properties that may result through the elimination of privacy or the removal of existing views. 3. Changes in grade or drainage patterns must not adversely affect adjacent properties. If adjacent properties are adversely affected, the applicant responsible for the change is responsible for correction of the drainage problem. 4. The design of the addition should repeat significant architectural elements of the existing house such as roof lines, windows, trim details, materials and colors. 5. The new roof pitch should complement the existing roof pitch and, if possible, match that of the existing roof pitch. 6. New windows and doors are to be the same, or similar, size, type, material, color and quality as those of the existing house. 7. Supplemental landscaping may be required to compensate for the removal of significant vegetation or to provide appropriate screening where necessary. 17

19 Submission Requirements 1. A copy of the existing official record plat showing the house, property lines and easements, and any accessory structures, significant vegetation; and the location of the proposed addition/alteration. 2. Complete plan and elevation drawings, to scale, showing the existing house and the proposed addition/alteration. 3. Photographs showing the house and the site, marked to show the location of the proposed addition/alteration. 4. A list of all exterior materials and samples of proposed colors. 5. Catalogue photographs or manufacturer's "cut sheets" of items, such as exterior light fixtures, as applicable, including sizes, materials and colors. 6. A landscape plan, as applicable, or required. Maintenance Requirements and future considerations Additions/alterations to the original home and Lot must be maintained in keeping with Brambleton Community Association s Property Maintenance Standards. If changes to a previously approved or installed Addition/Alteration are desired, a new Design Review Application is required and must be submitted for review prior to making any changes. 18

20 AIR CONDITIONING UNITS/HEAT PUMPS General Considerations The addition of air conditioning units/heat pumps requires review and approval prior to installation. The Committee will not approve applications for the installation of window-mounted air conditioning units or fans. The relocation of exterior central air conditioning units and heat pumps requires approval and will be considered if there is no adverse visual or noise impact upon adjoining properties. Application and approval are not required to replace a heat pump or air conditioning unit in the original location. Specific Guidelines 1. The size and appearance of the proposed air conditioner and heat pump unit must be appropriate for its residential setting. 2. Window-mounted units are prohibited. 3. Through-the-wall units are permitted in single family detached style homes and are to be painted the same color as the wall. 4. Any air conditioner and/or heat pump visible from the street or adjacent property shall require landscape screening or an architectural screen matching the character of the home. Submission Requirements 1. A copy of the existing official record plat showing the house, significant vegetation, property lines, and the location of the proposed air conditioner and/or heat pump. 2. Photographs showing the existing house and property. 3. Catalogue photographs or manufacturer's "cut sheets" of the unit including its dimensions and color. 4. Through-the-wall air conditioners require elevation drawings or photos showing the existing house and the proposed unit. 5. If screening is proposed, include drawings indicating dimensions, details, materials and proposed colors. 6. Where applicable, provide a planting plan indicating the proposed type and location of existing or proposed vegetation. Maintenance Requirements and future considerations Air conditioning units/heat pumps must be maintained in keeping with Brambleton Community Association s Property Maintenance Standards and the exterior elements must be maintained in their original factory condition. Rust, peeling paint, or damaged elements must be treated, repaired, painted or replaced as necessary to be maintained as originally installed. If changes to a previously approved or installed air conditioning unit/heat pump are desired, a new Design Review Application is required and must be submitted for review and approval prior to making any changes. 19

21 ANTENNAS AND SATELLITE DISHES General Considerations Satellite dishes which are larger than one meter in diameter are prohibited. Satellite dishes which are one meter in diameter or less, television antennas and MMDS (multichannel, multipoint distribution) antennas are permitted subject to compliance with Federal Communication Commission regulations for conforming devices. Antennas and satellite dishes are subject to the guidelines below and do not require prior approval from the Covenants Committee. However, Lot Owners are required to provide advance notice to the Association of the proposed installation of a conforming satellite dish or other permissible device at least one week in advance of the actual installation. The notice must include the proposed location of the receiving device on the home or Lot. 1. Location. Devices are not to be installed in the front of the Lot or on the front facade of a residence so long as another location exists on the Lot or residence from which an acceptable quality signal can be received. If a front or side yard location is necessary for a ground mounted satellite dish, the device is to be installed near other utility equipment or among shrubbery. Antenna devices are to be located so as to be as visually unobtrusive as possible, without unreasonably increasing the cost of installation, maintenance and use and without precluding the reception of an acceptable quality signal. Whenever possible, the devices are to be located in the rear yard. If a device must be installed at roof level, it should be situated on the rear side of the roof ridge line, so as to eliminate or minimize its visibility from the front of the home. 2. Screening. To the extent possible, dishes and antennas should be screened with landscaping so that they are not visible either from the street or to other Lot Owners. 3. Color. In order to minimize any adverse visual impact, a device which is affixed to a residence should be painted to match the color of the portion of the house to which it is attached, so long as painting the device will not void the manufacturer s warranty. Maintenance Requirements and future considerations Antennas and satellite dishes must be maintained in keeping with Brambleton Community Association s Property Maintenance Standards and the exterior elements must be maintained in their original factory condition. Rust, peeling paint, or damaged elements must be treated, repaired, painted or replaced as necessary to be maintained as originally installed. If changes to a previously approved antenna or satellite dish are desired, a new Design Review Application is required and must be submitted for review and approval prior to making any changes. 20

22 ARBORS General Considerations Arbors require review and approval prior to installation. Arbors must be appropriate in scale to the home and colors must be complementary with the natural surroundings and/or the color of the house. Freestanding arbors are to complement the overall composition of the yard. Arbors are to be constructed of high quality materials, and of a style that is similar to or complementary to the existing home. In the cases where redwood, cedar or pressure treated lumber is used, the material may be painted to match the home, left to weather naturally or may be sealed with an appropriate sealer.. The installation of arbors in attached housing shall be in accordance with the approved project standards established by the builder for type, location, color, etc. If there are no established standards, the addition of an arbor will not be permitted. Samples of Acceptable Arbors Submission Requirements 1. A copy of the existing official record plat showing the house, property lines and easements, and any accessory structures, significant vegetation; and the location of the proposed addition/alteration. 2. Complete plan and elevation drawings, to scale, showing the existing house and the proposed addition/alteration. 3. Photographs showing the house and the site, marked to show the location of the proposed addition/alteration. 4. A list of all exterior materials and samples of proposed colors. 5. Catalogue photographs or manufacturer's "cut sheets" of items, as applicable, including sizes, materials and colors. 21