Green Run. Homes Association. Architectural Rules and Regulations

Transcription

1 Green Run Homes Association Architectural Rules and Regulations Revised March 18, 2014

2

3 Contents Preface... 3 Chapter Composition of the Architectural Review Committee... 4 Chapter How to Apply for Approval... 5 What Makes an Application Complete... 6 Action by the Committee... 6 City Building Permits... 7 Non-Conforming Properties... 7 When an Application Is Not Approved... 8 Starting or Completing Projects without Approval... 8 Adhering To Guidelines... 9 Enforcement of These Rules... 9 Notice of Violation Due Process Hearing and Subsequent Enforcement Property Owner s Right to Appeal Hearing Panel s Decision Property Maintenance, Repair, and Construction Common Areas Variances Chapter Address Numbers Animal Enclosures Antennas, Satellite Dishes Attic Fans Awnings Basketball Goals Chimneys Clotheslines Decks, Porches, Patio s and Patio Covering s Detached Structures and Storage Buildings (including sheds, workshops, and gazebos) Driveways and Walkways Fences Holiday Decorations House Paint, Stain, Siding, Trim, and Shutters Landscaping Maintenance Nuisance Roof and Shingle Replacement Room Additions and Garage Enclosures Signs Storage of Personal Property Swimming Pools (above-ground and in-ground) Trash Storage and Disposal Vehicle Parking Window and Door Replacement Woodpiles Yard Sales Setback Appendix 23 &24

4 Preface To ensure every Property Owner can enjoy his or her Property without the threat of nuisances from neighboring properties, and to maintain property values by ensuring all properties are well maintained and of a harmonious design that is consistent with the surrounding neighborhood, the Declaration of Covenants places a number of restrictions on the Property Owner. The Bylaws also provide the Board of Directors ( the Board ) the authority to create Rules and Regulations that ensure these goals are achieved. These architectural Rules and Regulations have been created to help provide clear guidance to Property Owners on maintenance, modification, and use of property. These Rules and Regulations are intended to establish minimum standards for property maintenance and construction. However, Property Owners are encouraged to strive to higher standards. Property Owners who rent their Property are required to provide a copy of these Rules and Regulations to their tenant(s) and to have the tenant(s) sign a community association addendum acknowledging they have received a copy of these Rules and Regulations. The Association may require the Property Owner to provide a copy of this signed acknowledgement to the Association prior to the issuance of recreational passes to any tenant or in the event a breach of these Rules and Regulations has occurred. Failure to provide such a signed acknowledgement to the Association upon request shall constitute a separate, additional violation. Property Owners are responsible for the conduct of their family, tenants, guests, contractors, and other authorized agents. Violation of these Rules and Regulations by any of these parties may result in fines or other action against the Property by the Association. In the event of major storms and other emergencies, the Board may suspend the Architectural Rules and Regulations. If a Property Owner is unable to comply with these Rules and Regulations due to an emergency situation, the Property Owner should contact the Association s Architectural Department in order to avoid possible violations. 3

5 Chapter 1 Composition of the Architectural Review Committee The Architectural Review Committee ( ARC ) consists of three regular and two alternate members who are volunteers appointed by the Board for terms of one year each. Committee members are not required to be an architect or to have any other particular qualifications. The committee is chaired by a member of the Board. The remaining committee members need not be, but may be members of the Board of Directors or an officer of the Association. All members, regular and alternate, have voting rights. The duties of the ARC are to consider and act upon applications for alterations submitted, to adopt Architectural Review Committee Procedures and to perform other duties as directed by the Board. The committee shall keep and maintain a written record of all actions taken. 4

6 Chapter 2 How to Apply for Approval How to Apply Property Owners must obtain approval from the Association BEFORE undertaking any alterations or additions that would alter the exterior or any of the structural improvements located on the Property or add new structures or other improvements to the lot and where specifically required in Chapter 3 of these Rules and Regulations. Applications are generally processed within thirty (30) days of the request; however, some applications may take longer. Some applications may be eligible for expedited processing for a fee of $25. Property Owners must obtain approval from the Association BEFORE Undertaking any alterations or additions that would alter the exterior or any of the structural improvements located on the Property or add new structures or other improvements to the lot where specifically required in Chapter 3 of these Rules and Regulations. Interior alterations do not require Association approval. No construction may begin until signed approval is returned to the Property Owner and copies of any permits required by the City have been provided to the Association. In most cases, there is no charge for this application. Applications are generally processed within thirty (30) days of the request; however, some applications may take longer. Some applications may be eligible for expedited processing for a fee of $25. Property Owners may contact the Architectural Department of the Green Run Homes Association to find out whether their application may be expedited. The approval process is as follows: 1. Obtain an application from the Association website or Association office. 2. Complete and return the application to the Association Office at least thirty (30) days before beginning the project. 3. Association staff will review the application and supporting documents to ensure that the application is complete. The Property Owner will be notified if an application is incomplete and will be provided fourteen (14) days to submit the necessary information. If the requested information is not provided within the time allowed, the application will be denied. 4. The Community Manager will make the initial determination to approve or disapprove the application. If the application contains a request for a variance or if it is outside the Association s architectural rules and regulations, it will be forwarded to the ARC for review. 5. The Property Owner will receive notice of the approved or disapproved application from the Chair of the ARC or the Community Manager. 6. If the Property Owner disagrees with the determination by the ARC, the Property Owner may appeal the ruling to the Board of Directors. 5

7 What Makes an Application Complete An application is complete when it provides the Association with enough information to completely analyze the requested structure, improvement, or alteration. In addition to the required information On the application, the Property Owner must submit supporting documents as follows: Plans and specifications or description of planned alterations are required for all applications; they can be detailed or simple statements, depending on the complexity of the alteration and supporting documents. Copy of Physical Survey (not recorded plat): Required for all applications proposing addition of new structures or relocating structures; this will allow the Association to see how the proposal will affect neighboring properties. Description of Materials (i.e. sample of proposed siding, paint strips, color charts, etc.): This will allow the Association to maintain uniformity within the area. Contractor's Proposal/Manufacturer's Specifications: Not required, but would provide the Association with the maximum amount of information. This list is not all-inclusive, but shows some of the documents that the Association may require to support applications. Action by the Committee If an application is forwarded by the Community Manager to the ARC, the ARC will review the application and take one of the following actions: (1) approve the request as submitted; (2) approve the request with modifications; or (3) disapprove the request. The applicant will be notified of the decision by mail. The approval of an improvement, structure, or modification by one Property Owner in a particular section does not, in itself, mean that another Property Owner will be granted approval for a similar modification. Historical precedence alone does not ensure that approval will be granted. What Makes an Application Complete? In addition to your completed application, you will need to provide the following items: Plans and specifications or description of planned alteration. Copy of Physical Survey (not recorded plat). Description of Materials (i.e. sample of proposed siding, paint strips, color charts, etc.). Contractor's Proposal or Manufacturer's Specifications. 6

8 City Building Permits In addition to compliance with these Rules and Regulations, all improvements made to the dwelling and lot must comply with city and state codes and regulations. Many repairs, including but not limited to building additions, installations of sheds and fences, and installation of driveways require city building permits. The city may require different standards for a building permit than the Association requires for ARC approval. Therefore, ARC approval by the Association does not ensure the alteration or repair will be approved by the city for a building permit and does not relieve the applicant of the responsibility for obtaining all applicable state, city, and/or federal building and zoning permits. If a city building permit is required for any alteration or addition, approval by the Association shall be conditioned upon receipt of such permit by the Association within 30 days of the Association s approval of the application. Failure by Property Owner to obtain any required city permits or to provide a copy of said permits to the Association will void said approval. If this occurs, Property Owner will be required to reapply for ARC approval and pay a $50 application fee. Failure to obtain a city permit may result in the structure being required to be removed. Non-Conforming Properties Definition: A non-conforming property is one that has an improvement, structure, or exterior modification that does not comply with these Rules and Regulations. Please note that even if the improvement, structure, or exterior modification conforms to these rules, it may still require an application. Variances for non-conforming properties: In order for an improvement, structure, or exterior modification to be exempted from these Rules and Regulations, an architectural application must be submitted to the Association AND approved. The filing of an application does not guarantee approval and approval may be subject to certain conditions. If a Property Owner performs substantial changes to, or replacement of, an exempt item (such as the replacement of all or the majority of a fence), the Property Owner must bring that item into compliance with these new Rules and Regulations at the time of that change or replacement. Loss of an exemption for one item will not affect the status of any other non-conforming items. For example, repainting the exterior of the Property would terminate the exemption on paint color but would not affect the Property Owner s exemption for a stockade fence. A Property Owner may request an extension if bringing the item into compliance with the new Rules and Regulations would create an undue burden or financial hardship. Such requests will be considered on a case-by-case basis. Prior Architectural Approvals: If the Property Owner has already applied and received approval for the non- conforming improvement, structure, or modification, the Property Owner is not required to reapply. Unless otherwise specified in the prior approval, the Property Owner s prior approval remains valid until such time as the approved item falls into disrepair or is substantially changed or replaced. 7

9 When an Application Is Not Approved If an application is disapproved, the Property Owner has the right to appeal the decision to the Board of Directors. The Property Owner may contact the Association s Architectural Department for the procedures to file an appeal. Before filing an appeal, the Property Owner should first consider why the application was disapproved. If the Property Owner is willing to accept changes, if any, recommended by the Association, and copies of any permits required by the City have been provided to the Association, the Property Owner may submit an amended application using the previously submitted application as a supporting document indicating the changes that will be made to make the application acceptable. If the information was missing from the application, the Property Owner must resubmit the application with the required information. Starting or Completing Projects without Approval No construction may begin until signed approval is returned to the Property Owner by the Association. Failure to obtain approval constitutes a violation of these Rules and Regulations. Property Owners who start alterations without first obtaining written approval from the Association do so at their own risk. If the Association subsequently determines the alteration or addition does not conform to the Association guidelines, the Association may impose charges as set forth below and may require the Property Owner to restore the property to its prior condition. Property Owners who apply for approval after work has begun will be charged a $50 application fee. The Property Owner is also responsible for the cost of any litigation incurred by the Association when seeking injunctive relief from a court of law to enforce the Covenants. Don t Start a Project Until You Have Received Approval! Starting a project before you have received approval is a violation of these rules. If you begin or complete work without first confirming that your project conforms with association rules, you may be required to remove your addition and start over again. You could also be subject to administrative charges and court costs. 8

10 Adhering To Guidelines The Covenants give the Association the responsibility to set rules and procedures for architectural control, the power to interpret the Covenants, and the authority to allow exceptions to their restrictions. Based upon the policies and previous decisions of the committees, the guidelines indicate what is most likely to be approved in typical circumstances and provide important information on how to prepare your application. Special circumstances regarding your property may allow the approval of an application that might be denied at another location, or the denial of one which might be approved elsewhere. The fact that an improvement, structure, or exterior modification has been approved for use at another location does not mean it is automatically approved for every location. All applications are reviewed on a case-by-case basis. Enforcement of These Rules Enforcement of the Covenants is the responsibility of every Property Owner. If an exterior modification is being made without approval or if there is a property maintenance problem, contact the Association s Architectural Department to report the violation. When architectural complaints are brought to the attention of the Architectural Department and/or the Association, they are kept confidential and are reviewed as soon as reasonably possible. If a complaint is found to be in violation, the Property Owner will be contacted and asked to correct the problem, either by removal, submission of an application, or repair in case of a maintenance problem. If correction is not made, legal action may be pursued at Property Owner's expense. To ensure Association members are in compliance with these Rules and Regulations, the Association may periodically conduct inspections of neighborhoods to determine whether any violations exist. Also, an inspection of specific properties will be conducted when a property is being sold, and an inspection of a specific property may be conducted upon receipt of a complaint from neighboring properties. 9

11 Notice of Violation If a potential violation is found during one of these inspections or otherwise comes to the Association s attention, the Property Owner will be notified of the violation in writing and given 14 days to correct the violation or advise the Association of the plan for correction, unless a shorter time is set forth in the notice of violation. Once corrected, the Property Owner must notify the Architectural Department and set an appointment for re-inspection. The Association may issue a second notice of violation when deemed appropriate. If three or more similar violations occur during any twelve-month period, the Association may consider those subsequent occurrences to be a continuation of the previous occurrence and the Association may immediately refer the matter to a Hearing Panel and issue a Notice of Hearing. If the property owner receives a notice of violation and believes the allegation to be inaccurate or the violation was already corrected by the time of receipt of the notice or needs additional time to correct the violation, please immediately contact the Association s Architectural department. A subsequent inspection will be conducted, where appropriate. If the Property Owner fails to correct the violation within the time specified in the notice or otherwise agreed to with the Association and does not contact the Association, a Notice of Hearing will be mailed. At the hearing, the Property Owner will be permitted to explain any special circumstances surrounding the alleged violation and the Member s failure to correct it. The Hearing Panel may, where appropriate, assess a charge against the Property Owner. The Property Owner may appeal the decision of the Hearing Panel to the Board of Directors. The matter will then be referred to the Association s attorney for legal action and the Property Owner may be responsible for court costs and attorney s fees. 10

12 Due Process Hearing and Subsequent Enforcement If the property owner fails to respond to a notice of violation within the time provided or you fails to remedy the violation within the time allowed, the matter may be referred to a Hearing Panel and a Notice of Hearing will issue. If this occurs, the property owner will be given an opportunity to respond in writing to the allegations or to appear before the Hearing Panel to respond to the charges or to request additional time to bring the property into compliance. If a Property Owner violates these Rules and Regulations, the Association may require the Property Owner bring the property into compliance and may assess charges as outlined below. Before imposing any charges, the Association will provide Property Owner with an opportunity to appear before a Due Process Hearing Panel. Once the Hearing Panel has met to discuss the matter and the property owner failed to respond to the notice or the Hearing Panel believes the property was in violation of Association Rules and Regulations, it may take one or more of the following actions: Charge $50 for non-recurring violations. Examples of non-recurring violations include, but are not limited to driving on the common area, leaving the trash can out beyond the time allowed, or excessive noise or other disturbances. Charge $10 per day for up to 90 days for ongoing violations. Examples of ongoing violations include, but are not limited to, failure to apply for approval before making exterior modifications to the property, encroaching onto the common area, or failing to properly maintain the property in accordance with the Association s written standards. Suspend property owner s ability (or tenant s ability) to use Association facilities and programs. Refer account to the Association s attorney for legal action, resulting in additional charges, such as, attorney s fees and court costs. In addition, the Association may charge the Property Owner the actual cost of preparation and mailing of a certified letter for each notice that the Association is required by law to send via certified mail. Unpaid charges will accrue as unpaid assessments against the Property Owner and will be subject to the same late fees as any other unpaid assessment, and the Association may take any collection efforts that would otherwise apply to unpaid assessments. Further, the Association may bring suit against the Property Owner to require the Property Owner bring the property into compliance. Property Owner would be responsible for court costs and attorney s fees. The Association may also pursue any and all legal options available to it. 11

13 Property Owner s Right to Appeal Hearing Panel s Decision Property Owners who disagree with the decision of a hearing panel may appeal their decision to the full Board of Directors. Such appeal must be requested in writing within 30 days of the Hearing Panel s ruling and must be accompanied by a deposit of $50. If the Board reverses the hearing panel s decision, this deposit will be refunded to the Property Owner. Otherwise, it will be applied to any charges assessed by the hearing panel. Property Maintenance, Repair, and Construction NO building, structure, or other improvement upon any property within the Association shall be permitted to fall into disrepair, and each building, structure, or other improvement shall at all times be kept in good condition and repair and adequately painted or otherwise finished. Failure to maintain any building, structure, or other improvement will be considered a violation of these Rules and Regulations and will be treated accordingly. As used herein, structure shall refer to all dwellings (including gutters and downspouts), storage buildings, fences, decks, hot tubs, pools, play-sets, yard ornaments, and any other items attached to the property whether temporary or permanent. All maintenance, repair, and replacement shall be of a quality and appearance consistent with the enhancement and preservation of the appearance and value of the property. The Association may establish reasonable Rules and Regulations for maintenance, repair, and replacement of exteriors, walkways, driveways, fences, lawns, gutters and downspouts, and plantings on the property, which Rules and Regulations shall take into account the useful life of any painting and exterior materials and the enhancement and preservation of the appearance and value of the property. All construction materials, debris, and waste shall not be allowed to collect on any Lot. When practicable, construction material and debris should be stored out of sight. If the structure or improvement installed varies from the material, location, or other description presented in the request, the approval will be void. The Association may ask that the construction be removed and the Property Owner must resubmit the application. No structure or improvement may be constructed so as to change or hinder the direction of drainage flow. All maintenance, repairs, and construction must comply with all City ordinances, regulations, and codes. Notice of the approved application should be conspicuously posted during the course of the maintenance, repair, or construction. 12

14 Common Areas Common Areas No temporary or permanent structures or planting may encroach onto any portion of the Common Area. Common Areas may not be used for storage or trash disposal at any time. No temporary or permanent structures or planting may encroach onto any portion of the Common Area. Common Areas may not be used for storage or trash disposal at any time. Variances Any Property Owner can make a written application to the ARC for a variance from these rules and regulations. Variances will only be considered on a case-by-case basis and where: 1. Strict enforcement of the rule or regulation would cause undue hardship because of circumstances unique to the individual property or Property Owner and are not self- created, and 2. The granting of the variance will be in keeping with the spirit and intent of the rule or regulation from which a variance is sought, and 3. The variance will not be detrimental to the use, peaceful enjoyment, and economic value of surrounding property. The Association may also grant a variance where the request exceeds the minimum standards set forth in these Rules and Regulations. A variance will not be granted solely because a neighboring property has received one for a similar request. 13

15 Chapter 3 The provisions of this chapter are not to be construed as all-inclusive. Any external modification or changes not mentioned will require committee approval. Address Numbers a) All residential units shall have legible address numbers affixed to the dwelling that are plainly visible from the street or road fronting the property. b) The numbers shall contrast with their background and compliment the color of the building. c) Address numbers shall be Arabic numerals. Alphabet letters may be used in addition but not in lieu of numerals. d) Numbers shall not exceed eight (8) inches in height. Animal Enclosures ARC approval is required. Antennas, Satellite Dishes a) Antennas and satellite dishes will be placed in the lease visible location while still permitting the resident to obtain a quality signal. b) All devices are to be erected in the following order of priority: 1) placement on the residence, and if free standing then 2) behind the rear line of the residence, 3) side of the residence, and 4) placement in the front yard requires architectural approval. c) Devices shall be no more than thirty-nine (39) inches in diameter and no more than eight (8) feet in height. d) Any non-operational or abandoned antenna or dish antennae must be removed. e) All wires to devices must be installed in a neat and orderly manner and out of public view wherever possible. f) Architectural approval is required for satellite dishes placed before the front plane of the house. Attic Fans Attic fans are permitted without ARC application with the following guidelines: a) Electric, thermostatically controlled ventilators may be installed. b) Wind ventilators must be installed so as to be visible above upper roof line from front of property line require ARC approval. They must be free of rust and make no excessive noise. c) Attic fans and ventilators shall not be covered with plastic, bags, or tarps. Awnings Awnings may not block windows of neighboring properties and must be in harmony with surrounding properties. 14

16 Basketball Goals a. Portable Basketball Goals 1. Must be located entirely on the residential lot in or by driveway, facing the driveway, and not on any portion of the easement or right of way. 2. Placement of portable basketball units must adhere to applicable City codes as they pertain to basketball goals. 3. Must be clearly labeled with the address of the owner. b. Permanent Basketball Goal Post Mounting 1. A single 4" to 6" metal pole or pipe must be used for the upright and must be embedded into a concrete foundation. Pole or pipe must be aligned so as to stand straight with no noticeable leaning. 2. Foundation must be at grade. 3. Placement of permanent basketball units must adhere to applicable City codes as they pertain to basketball goals. 4. *Requests for permanently mounted basketball goals must be submitted to the ARC with a diagram or photograph of placement on the property, method of placement, and materials being used prior to installation. c. Single Family Homes 1. Basketball goals and backboards shall not be attached to the front of any dwelling, including the roof. 2. Only pre-engineered, commercially available kits are permissible. 3. All basketball hoops, whether portable or permanently mounted, must not be located on any easement or right of way. d. Townhouses Because of lot density and parking restrictions, basketball goals, both portable and permanent, are not permitted in Townhouse neighborhoods unless the basketball goal is located within a fenced rear yard. e. Use Restrictions Basketball goals may not be used before dawn or after dusk. Chimneys a. Installation of a wood stove or fireplace which involves a chimney or chimney alteration requires committee approval when it is an external modification. b. Any chimney shall be constructed of material in a manner compatible with the structure. c. Chimney flue types shall be enclosed in a manner compatible with the structure. d. Propane tanks that are not enclosed within a privacy fence require committee approval. Clotheslines Installation is permitted with committee approval. If not located behind a privacy fence they must not be visible when viewed from the front side of the property. Installations must be of rigid construction. 15

17 Decks, Porches, Patio s and Patio Covering s a. ARC approval is required. b. Must be compatible with the design, materials and color of the structure. Detached Structures/Accessory Structures (including sheds, workshops, and gazebos) a. Approval Required. Detached structures of any type require architectural approval. Applications should include a detailed plan specifying the placement of the proposed structure within the lot, dimensions, roofline, color, and materials to be used in construction. b. Quantity. Each unit is permitted to have no more than one (1) detached shed, storage building, workshop, or other enclosed structure. c. Materials. 1. Sheds and storage buildings shall be finished in a manner that is harmonious with the color, style, and materials on the residence. 2. Sheds may not be constructed with exposed particleboard. d. Size. 1. The height of the structure shall not exceed twelve (12) feet at the peak of the roof as measured from grade. 2. Building size should be consistent and in harmony with lot size and configuration. 3. Building size cannot exceed 250 square feet. e. Location. 1. All covered structures and storage buildings must be located behind the rear foundation line of the residence. 2. All covered structures and storage buildings must comply with the setback requirements for PDH-1 (Planned Development Housing district based on Section 1110 of the City Zoning Ordinance. a. A letter dated August 2, 2010 from the City of Virginia Beach s Planning Department/Zoning Division is included in the appendix detailing the setback requirements for the PDH-1 (Planned Development Housing( district based on Section 1110 of the City Zoning Ordinance. f. Other Restrictions. 1. No excessive quantities of hazardous chemicals, including gasoline, may be stored in any shed or storage building. 2. Sheds are intended for storage and are not be used as living space. 3. Sheds, storage buildings, and workshops must be four (4) sided, closed structures, and of a scale appropriate to the location. 4. Sheds, storage buildings, and workshops must be constructed and permanently installed to a secure foundation. g. No flat or single-slope (pent) roofs. 16

18 Driveways and Walkways a) All additions to driveway and walkways must be submitted for ARC approval and comply with the City of Virginia Beach permits, regulations, and codes. b) Application must include a physical survey showing proposed addition or modification and a description of materials to be used in construction. c) One driveway is permitted, which may not exceed eighteen twenty? (20) feet in width, excluding the driveway apron, and may only be located in front of the house where garage is located. d) Driveways and walkways may not be painted. 1. Clear sealant is permitted without approval. 2. Stamped and stained driveways require ARC approval. e) All materials for driveway and sidewalk additions and modifications must match the existing material used for the driveway or sidewalk. Generally, either concrete or asphalt may be used to pave the driveway provided the same material is used for all paved surfaces. Loose rock and similar material are prohibited for use as a driveway surface. f) Sidewalks and walkways visible to the public may consist of paving stones or brick. g) Oil and other fluid stains must be promptly removed from the driveway by the property owner. h) In areas where the driveway or walkway is owned by the Association, the property owner shall be responsible for damage to the driveway or walkway done by the property owner and their guests. i) Parking in areas where the driveways are owned by the Association is decal controlled. j) Driveways and walkways must be kept free of weeds. 17

19 Fences ARC approval is required for erection, installation, replacement, or modification of fences. a. General. 1. No fence shall exceed 6 2 in height. 2. Fence post must not exceed height of fence panels or slats unless post has decorative cap, not to exceed Installation will be made with finished materials on the outside. Posts and framing will be in the interior of the enclosed area with the finished side of the fence panels facing out. 4. Fence post must be at least 4x4 and the panels or slats attached with nails or screws. 5. Fencing additions or repairs must be of the same material and style of the existing fence. 6. All fences must consist of post, rails, and fencing panels or slats. 7. No fence may encroach upon landscape easements or pedestrian access areas as shown on surveys. 8. Painting of fencing is not permitted without prior approval of ARC. b. Materials. 1. Wood fences must be constructed of treated lumber or naturally weather resistant wood, such as cedar. 2. Lattice is not permitted as a fence material. 3. Vinyl fencing is permitted. 4. Chain link, barbed wire, and electrical fences are not permitted. Other metal fences may be considered on a case-by-case basis. c. Front yard fences. Front yard fences are not permitted. Approval may be granted by the Board of Directors where the Property Owner has a valid reason based upon safety or security. d. Repair and Maintenance. 1. Fences must be maintained in good repair. Repairs to existing approved fencing do not require approval of the ARC provided those repairs do not alter the dimensions, materials, or color of the fencing. Replacement fencing must match the existing fencing material (stockade fencing may not be used to repair a dog-eared fence). 2. Damaged fencing should be repaired within thirty (30) days of damage occurrence. 18

20 Holiday Decorations a. Holiday decorations, including lights, may be displayed no earlier than forty-five (45) days prior to holiday and must be removed twenty-one (21) days after holiday. This includes hanging icicle lights. b. Holiday decorations with musical or sound devices may not be in use before 12:00 PM and turned off no later than 10:00 PM. c. Roof displays are permitted only as part of holiday decorations. House Paint, Stain, Siding, Trim, and Shutters a. Exterior paint, stain, siding, trim, and shutter colors require ARC approval in order to ensure harmony with other existing homes within the community. b. Bright and intense colors are not permitted. c. All painted and/or sided portions of the dwelling must be of the same color. d. Any portion of siding that needs to be replaced due to damage must be replaced with the same materials and color as the existing structure. Landscaping Maintenance a. Lawns 1. All lawns must be maintained with grass. Any other ground cover must be approved. 2. All grass must be maintained to a reasonable cut height. A notice of violation may be issued if grass height exceeds seven (7) inches. 3. All curbs and sidewalks, yards, and driveways must be properly trimmed, edged, and free of lawn trimmings, trash, and other debris. 4. Weed control is encouraged. b. Flowerbeds, shrubs, and trees 1. All flowerbeds must be free of dead plants and must be free of overgrown weeds and grass. 2. All trees and shrubs must be properly maintained. Proper maintenance includes trimming, removing harmful bugs and diseases, removal of dead or dying trees and shrubs, removal of dead or dying limbs, removal of stumps, and disposal of all cut limbs, trunks, or other debris. i. Stumps must be removed within three (3) months of the downing of the tree or shrub. ii. Storm debris must be removed within a reasonable period of time. 3. Trees, trunks, roots, and shrubs shall not encroach into neighboring properties or adjacent common areas or easements. Trees and shrubs must be regularly trimmed so that they are at all times at least one foot from any adjacent sidewalk, easement, or common area. 4. Landscaping and plant types do not require approval by the ARC. 5. Vines and shrubs shall not be permitted to grow through or over fences. c. Lawn ornaments and potted plants must be well-maintained. d. Ponds, waterfalls, and pools are not permitted beyond the front plane of the residence unless approved by the ARC. 19

21 Nuisance a. No nuisance shall be permitted to operate or exist upon any property so as to be offensive or detrimental to any other property or persons in the vicinity. b. Some examples of nuisances include, but are not limited to, loud or excessive music or noise, barking dogs, dog waste on common area or neighboring properties, fireworks, debris, or trash. Roof and Shingle Replacement a. Roofs shall be covered with materials designed for roofing, e.g. shingles and roofing stakes. Other materials, e.g. tarps, plywood, siding, etc. are not permitted except as a temporary protection after wind damage. Permanent repairs shall be made within 30 days of wind damage. b. Roof color and materials must harmonize with the structure and the surrounding homes. c. Individual shingle replacement must match the existing shingles. Room Additions and Garage Enclosures a. Require ARC approval. b. All materials used in the construction of the addition / enclosure must match the materials on the existing structure. Signs No signs shall be permitted except as otherwise provided herein: a. Signs must be printed or engraved. Handwritten signs are prohibited. b. The sign may be displayed on the front, side, or rear of the lot at property owner s discretion. If displayed in the rear of property, such sign should generally be mounted on the fence, and the property owner must ensure the sign does not encroach onto the common area and does not interfere with pedestrian access to sidewalks or easements. c. No sign, including yard sales, may be displayed on any portion of the common area, public right of way, or other residential lots. An open house sign may be displayed for up to six (6) hours per week. Any sign used for this purpose must be promptly removed upon the conclusion of such open house. Property owners shall be responsible for ensuring their real estate agent is aware of and complies with these rules. Property owners shall be held responsible for any violation of these rules by their real estate agent. d. Commercial signs advertising businesses are prohibited. e. One (1) sign per property, not to exceed two (2) square feet in total area, containing the words well water may be temporarily displayed during times of water restrictions. f. The following signs are permitted: 1. Signs indicating presence of security 2. Signs recognizing a Student of the Month 3. One (1) For Sale or For Rent sign, not to exceed six (6) square feet in surface area, may be displayed on any property that is for sale or rent. 4. Two (2) Beware of Dog or No Trespassing signs shall be permitted not to exceed one (1) square foot in surface area. 20

22 Solar Power Equipment a. Architectural approval required before installation. Storage of Personal Property a. All personal property must be stored out of public view. No personal property shall be stored in front yard, porch, or side yard unless out of public view. b. Examples of personal property items, include, but are not limited to, bicycles, interior furniture, sports equipment, basketball hoops, all types of containers, appliances, grills, auto and truck parts, including pickup shells, lawn and garden tools, and trailers of all types. c. Only furniture designed for outdoor use is permitted on porches. Swimming Pools (above-ground and in-ground) a. Require ARC approval. b. Swimming pools cannot drain onto common areas. Trash Storage and Disposal a. Household Waste. 1. Use 90 gallon containers supplied by the city. 2. Have containers and/or items for pickup at street by 7:00 am the day of collection but no earlier than 5:00 pm the previous day. 3. Remove container from public view by the end of collection day. Containers must be stored behind the front plane of the house, and out of public view. 4. Stencil container with your house number in Arabic numerals. 5. Trash cans may not be stored in the common area. 6. Townhouse residents only a. Townhouse containers shall be stored at rear of residence where access is available. b. When townhouse access is not available, the container shall be stored in parking space closest to property. b. Yard Waste 1. Only clear plastic bags are acceptable for small yard debris, such as grass and leaves. Twentyfive (25) clear plastic bags are permitted, no more than twenty-five (25) pounds per bag. 2. Have yard waste for pickup at street by 7:00 am the day of collection but no earlier than 5:00 pm the previous day. c. Bulk pickup 1. City of Virginia Beach waste management must be notified of bulk pickup twenty-four (24) hours in advance. Verify the items are on City s list. City does not pick up some items. 2. Limbs up to four (4) feet long and six (6) inches in diameter will be picked up in a pile not to exceed 4 x 4 x 2 feet. 3. Construction materials and other bulk items that will not be picked up by the City must be taken by the resident to either the landfill or transfer station. 21

23 Vehicle Parking a. Vehicles shall park in designated paved areas only. Driving or parking on front, side, or back lawn is prohibited. Licensed recreational vehicles and boats may be permitted on a case-by-case basis. b. Vehicles are prohibited from parking or driving on all common grounds without prior permission from the Association. c. Dirt bikes, motor bikes, and all-terrain vehicles are not permitted to be parked or driven on the common area d. Inoperative vehicles are not permitted. Examples include but are not limited to: 1. Vehicle not in operative condition, including vehicles partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle. 2. Vehicle partially or totally disassembled. 3. Vehicle must display valid registration decal and a valid inspection decal. e. Commercial vehicles in excess of twenty (20) feet in length and/or seven (7) feet in height are not permitted to be parked in the Green Run residential area, except while engaged in the normal conduct of business or in the delivery or provision of goods or services to a resident of the Association f. Commercially manufactured car covers must be maintained in good condition and properly secured. Tarps are not permitted. g. In areas where parking spaces are owned by the Association additional rules may apply. Window and Door Replacement a. Windows must be one consistent design. (Grid windows should not be mixed with no-grid windows.) b. Doors must be compatible with the structure in materials and color. Woodpiles Keep in mind that untreated wood can attract termites. To avoid potential property damage, we recommend that wood not to be stacked against any dwelling, fence, or outbuilding. a. All wood must be neatly stacked behind the rear foundation line of the dwelling. b. The height of any woodpile shall not exceed five (5) feet. c. May not be located within ten (10) feet of neighboring property. Yard Sales a. Only two (2) yard or garage sales are permitted in one (1) calendar year. Note: For sign requirements, refer to section on "Signs." Yard sales require applicable city permit. b. Yard sales are not permitted on the common area. 22

24 APPENDIX PLANNING DEPARTMENT/ZONING DIVISION FAX (757) TDD (757) VBgov.com MUNICIPAL CENTER BUILDING COURTHOUSE DRIVE.R00M 100 VIRGINIA BEACH, VA August 2, 2010 Below are the setback requirements for the PDH-1 (Planned Development Housing) district based on Section 1110 of the City Zoning Ordinance. PDH-1 Locations: Dam Neck Estates, Dunwoody, Green Run, Indian Lakes, Kemps Quarters, Kempsville Greens, Larkspur Greens, Larkspur Meadows, Magic Hollow, Mariner's Landing, Oak Springs, Salem Lakes, and Timberlake TOWNHOMES: A. Front Yard Setback 20 Feet B. Side Yard Setback 10 Feet C. Rear Yard Setback 10 Feet D. Maximum number of townhouses per building group is six (6) E. Maximum height is 35 Feet APARTMENTS: Same setback requirements outlined in the A-12 (Apartment District) SEMI DETACHED & DUPLEXES: A. Front Yard Setback 20 Feet B. Side Yard Setback 5 Feet except where side yard abuts a street. In these instances, a 10 foot setback from the right-of-way is required. C. Rear Yard Setback 10 Feet D. Maximum Height 35 Feet SINGLE FAMILY: A. Front Yard Setback 20 Feet B. Side Yard Setback 10 Feet between structures, except where side yard abuts a street. In these instances a 10 foot setback from the right-of-way is required. C. Rear Yard Setback D. Maximum Height 10 Feet 35 Feet 23

25 GENERAL: A. Above ground pools, hot tubs, and jacuzzi's must set back 10 feet from all side and rear property lines. lnground pools must set back 5 feet from all side and rear property lines. The setback to any residential structure must be that of the maximum depth of the pool. B. Chimneys and bay windows, etc. permitted within setbacks provided the encroachment into setback is not greater than 24 inches. C. Dish antennas must meet the side and rear setback of 5 feet. D. Decks and patios are not restricted by side and rear yard setbacks, provided that the finished height, from ground elevation, does not exceed 16 inches in height. The height does not include hand rails, seats, etc. E. t wo improved parking spaces per dwelling unit, except apartments and condos, with each space 9 feet by 18 feet. Garage may count as 1 space providing the garage area is designated on the site plan, constructed accordingly and maintained for this purpose. F. Detached storage sheds must meet the rear and side yard setback of 5 feet except where the dwelling unit is located closer than 5 feet to the side property line. In such cases, the side yard setback for the detached shed is to be the same as that of the dwelling unit. G. Detached storage sheds, larger than 100 square feet, and detached garage, must meet the rear yard setback of 10 feet and side yard setback of 5 feet except that the structure may never be closer than 10 feet to the adjacent dwelling. H. Detached storage sheds and/or proposed additions to existing storage sheds, in townhouse developments, must meet the rear yard setback of 5 feet. The side yard setback is 5 feet, except in those cases where the shed was planned and built with initial construction of the unit. I. In all cases where the side yard of a lot abuts an area other than another lot or street (i.e. Green belt, open space) the minimum side yard setback shall be 5 feet, unless the proposed addition would be no closer to the side yard line than any portion of the existing dwelling. J. In all cases the minimum side yard setback adjacent to a street shall be 10 feet. OVERALL LOT COVERAGE: A. Single Family 40% B. Townhouse 40% C. Semi-Detached/Duplex 40% This requirement applies to all principal and accessory uses. 24

26 Green Run Homes Association 1248 Green Garden Circle Virginia Beach, VA Office (757) Fax (757) Architectural Department Direct Line (757)