10.0 Gardening/Aquaponics/Composting
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1 10.0 Gardening/Aquaponics/Composting Vegetable Gardening Vegetable gardens do not require Architectural Review Committee approval when the guidelines listed below are followed: 1. It is located in the rear portion of the lot and a minimum of five feet (5 ) from the side and rear lot lines. 2. Its size does not exceed the lesser of 120 sq. ft. (10x12) in area or 1/4 of undeveloped backyard space. 3. It is not planted on a grade exceeding a ratio of 5 feet to 100 feet. 4. It does not damage property below it through the flow of water onto lower property. 5. It does not encroach on the community-maintained common area. 6. No plant in the garden will exceed 4 feet in height. Homeowners are instructed to not install plants that exceed this height or to prune the plants back to less than 4feet. 7. Raised garden beds do not exceed greater than 12 inches above finished grade. 8. Railroad ties/timbers may not be stacked above grade unless it is integrated into an overall landscape design and does not alter drainage patterns of the lot. 9. Any tree removal required providing space for a vegetable garden/compost pile plot must adhere to all Tree Removal requirements (see section 22.0). 10..Proper maintenance of all garden plots is required. Excess debris will be removed at the end of the gardening season and the plot returned to a natural state. This includes removal of stakes, cages, etc Outside the growing season, the plants must be removed and the ground tilled The garden must be weed free Tall plants must be staked / supported Dead plants must be immediately removed The homeowner is expected to take appropriate measures to discourage the attraction of animals/rodents. 11. Pesticides and herbicides may be applied according to label instructions for the specified problem. Emphasis should be placed on organic /biodegradable materials in order to ensure the least harm to the natural environment. Care in application is extremely important near play areas and near adjacent residences. Avoid the use of pesticides and herbicides if at all possible, but when necessary use with caution and follow instructions.
2 12. Failure to properly care for the vegetable garden will result in the HOA Board rescinding the homeowner s permission to maintain the vegetable garden, and the homeowner will be required, at their expense, to immediately remove the garden and replace with acceptable landscaping approved by the ARC and HOA. Composting Compost piles are not permitted. Compost containers must be located at the rear of the lot, directly behind the house (a minimum of 5 off the rear and side property lines) and not visible from the street. Aquaponic Gardening Aquaponic gardens require Architectural Review Committee approval and must adhere to the following guidelines: 1. Must purchase a commercial system. 2. The garden system may only be used to grow vegetables/plants during the planting season. Outside of this time, the system and any accompanying greenhouse canopy must be removed. 3. Its size does not exceed the lesser of 120 sq. ft. (10x12) in area or 1/4 of undeveloped backyard space. 4. It is located on the lot such that it is a minimum of five feet (5 ) from the side and rear lot lines and is not visible from the street. 5. It does not encroach on the community-maintained common area. 6. A border must be installed around the garden and must be consistent with community fencing standards. No metal fencing allowed for garden borders (See ARC Guideline 14.0 Fencing). 7. Open water tank must be protected such that it does not pose a danger to children or pets. 8. Greenhouse canopy must be consistent with greenhouse guidelines (see ARC Guideline 12.0 Outbuildings) 9. Water conservation practices must be followed, at minimum in accordance with county, state and federal laws. 10. Fish used in aquaponic gardening must follow NC Wildlife Federation Guidelines for restrictions regarding exotic animals. 11. Electrical wiring for system pump must meet all Town of Cary and Code standards.
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4 12.0 Outbuildings (Sheds/Greenhouses) See Addendum A 12.1 All outbuildings including sheds, storage buildings and greenhouses require Architectural Review Committee (ARC) approval prior to construction No more than (1) outbuilding shall be permitted per property Requirements: Completed Application for Architectural Review including Addendum A: Sheds/Storage Buildings Official plot or survey showing lot boundaries and existing structures, the proposed outbuilding and setback measurements from the proposed outbuilding to the front, side, and rear property lines Elevation drawing to include front, back, and both side views of the proposed outbuilding Description of materials to be used including color samples, siding styles, and roofing materials All outbuildings must be placed on a foundation and comply with all Town of Cary regulations and permits Guidelines All outbuildings: No outbuilding will be greater than 192 sq. ft. or greater than 12 ft. X 16 ft All out buildings must be located at least 10 feet (10 ) from neighboring property lines All outbuildings must be properly maintained Requests for outbuildings on lots with metal fencing will be reviewed on a caseby-case basis by the ARC and HOA Board of Directors. Shed/Storage Buildings: All shed/storage buildings will be located behind the house at the rear of the lot and not on the side so as to be visible from the street Smaller lots may not have a suitable location for a storage shed For corner lots and lots backing up to major thoroughfares /boulevards locate shed/storage buildings on the interior side of the lot.
5 Greenhouses: All shed/storage buildings must be placed on a foundation and comply with all Town of Cary regulations and permits No metal/pole shed/storage buildings will be allowed Color of shed/storage building must be the same material and color as that of the house Roof must be the same material and color as that of the home Greenhouses must be permanent structures that are permanently anchored to the ground Greenhouses must be located behind the house. Lean-to s are NOT allowed Greenhouses must be used for growing plant materials Frames must be steel or aluminum. No PVC framing is allowed Roofing can be polycarbonate or other materials that match the style of the greenhouse Window material must be glass, plexi-glass, acrylic, polypropylene glazing, or similar plastic. Vinyl sheeting is not allowed Foundation under the greenhouse must be concrete or gravel Details must be submitted regarding heating/cooling systems. These must not exceed decibel limit of an air conditioning unit Outbuildings must be maintained. Planting pots, supplies etc., must be stored inside the greenhouse and not be stacked up along the exterior perimeter of the greenhouse. Note: If approval is granted, an approved Town of Cary building permit must be provided to the Management Company before any construction begins.
6 14.0 Fencing See Addendum C 14.1 All Fencing requires Architectural Review Committee (ARC) approval prior to construction Requirements: Completed Application for Architectural Review including Addendum C: Fencing Plot plan to include: Location of the fence clearly marked by /// Gate location(s) and style Location of all easements Dimensions Picture of style of fencing Color of stain Guidelines: Styles and heights allowed: Picket Fencing Maximum height is four feet (4 ) Spacing between slats must be at least 1 inch (1 ) and no more than 2 inches (2 ) Minimum width of picket is two and one-half inches (2 ½ ) Traditional Pointed Picket French Gothic
7 Dog-Eared Picket Stockade Fencing Maximum height is six feet (6 ) Design must be arched or scalloped Arched Stockade Scalloped stockade Shadow Box Fencing Maximum height is six feet (6 ) Decorative Aluminum/Metal Fencing Maximum height is four feet (4 ) or six feet (6 ) Spacing between slats must be at least 3 inches (3 ) and no more than 4 inches (4 ) Minimum width of picket is ¾ to a maximum of 2 ½ for posts
8 2-rail flat top 3-rail flat top 3-rail flat top with rings 3-rail flat top with spears 3-rail with spears Commercial arched Construction details: Wood fencing must be cedar, cypress, redwood or treated pine lumber Metal must be aluminum or wrought iron. Brick posts are not permitted All hardware is to be galvanized All posts must be set in concrete The finished side of the fence must face out and toward adjoining lots No vinyl, PVC, wire, chain-link, brick or concrete fences are allowed Color Color is to be natural wood or stain to include cedar, cypress, redwood, or treated pine. Clear or transparent stain or sealant is permitted Color for metal fence is black Painted fences are strictly prohibited Height Location The maximum height allowed is based on the style of fencing installed (see above)
9 No fence will extend beyond the front corner of the house Property owners are cautioned that building a fence that infringes on easements or access to right-of-ways may result in destruction or removal of the fence. Property owners are responsible for obtaining easement-related variances and complying with all Town of Cary policies The topography and landscaping of existing natural buffer areas between or surrounding lots will not be disturbed except with the approval of the Architectural Review Committee. Construction within a buffer area may also require approval from the Town of Cary All fences on lots that back up to main roads, such as Jenks-Carpenter Road and Fryar Creek Road, require some type of landscaping on the back side of these fences to protect the aesthetics of the Brookstone entrances and borders Any landscaping changes, including tree removal (see section 22.0), required to install a fence must be included with the fencing request and the applicable addendum must be completed Maintenance of the entire fence is the responsibility of the property/fence owner Note: Town of Cary permit may be required for fencing projects. A fence permit is required for new or substantially rebuilt fences adjacent to thoroughfare or collector street right(s)-of-way.
10 ADDENDUM C: FENCING PROPERTY INVOLVED: Address of Property MUST INCLUDE A PLOT PLAN WITH THE LOCATION OF THE FENCE CLEARLY MARKED BY ///; LOCATION OF GATES; LOCATION OF EASEMENTS; AND DIMENSIONS. * NOTE: No fence will extend beyond the front corner of the house. MUST SUBMIT A PICTURE OF THE FENCING. (Generally available at store of purchase or can be downloaded from vendor website.) *NOTE: If fencing to be erected will match existing fencing, it is acceptable to submit a picture of existing fencing. WOOD FENCING STYLE OF WOOD FENCING (check style of fencing to be used): PICKET FENCING (SPACING BETWEEN SLATS) French Gothic Traditional pointed Dog-eared Other: (please specify) NOTE: When selecting other; all other styles will be approved on a case-bycase basis STOCKADE FENCING (NO SPACES BETWEEN SLATS - FLAT TOP SLATS ) Arched Scalloped SHADOW BOX FENCING DIMENSIONS OF WOOD FENCING: HEIGHT: FEET * NOTE: Maximum height is 4 feet for picket and 6 feet for stockade or shadow box. PICKET WIDTH: INCHES * NOTE: Minimum picket width is 2 ½ inches SPACING BETWEEN SLATS (FOR PICKET AND SHADOW BOX FENCING ONLY): INCHES * NOTE: Spacing between pickets must be at least 1 but no more than 2 inches (picket fencing only).
11 BUILDING MATERIALS WOOD (check building materials to be used): Treated Pine Cedar Other: (please specify) NOTE: No vinyl, PVC, wire, chain-link, brick or concrete fences allowed; hardware must be galvanized; and posts must be set in concrete. FENCING PAGE 2 WOOD FENCING FINISH: STAIN (Only cedar, cypress, redwood, treated pine, or transparent allowed) Cedar Cypress Redwood Treated Pine Transparent *NOTE: A picture of stain must be included with application. NATURAL WOOD * NOTE: Some lots in Brookstone are in a flood plain and as such may be subject to additional regulations as determined by the Town of Cary and/or the Corps of Engineers. Depending on these requirements, the Association may require some type of landscaping in order to maintain the aesthetics of the neighborhood. **NOTE: Fences on lots that back up to main roads such as Jenks Carpenter Road or Fryar Creek Road may also require some type of landscaping on the back side of these fences to protect the aesthetics of the entrances and borders of Brookstone. DECORATIVE METAL FENCING STYLE OF DECORATIVE METAL FENCING (check style of fencing to be used): PICKET FENCING 2-RAIL FLAT TOP 3-RAIL FLAT TOP 3-RAIL FLAT TOP WITH RINGS 3-RAIL WITH SPEARS Commercial arched Other: (please specify)
12 * NOTE: When selecting other; all other styles will be approved on a case-bycase basis DIMENSIONS OF METAL FENCING: HEIGHT: FEET * NOTE: Maximum height is 4 or 6 feet for metal fencing. PICKET WIDTH: INCHES * NOTE: Minimum picket width is 3/4 inches; post width is 2.5 SPACING BETWEEN SLATS: INCHES * NOTE: Spacing between pickets must be at least 3-4 inches. BUILDING MATERIALS METAL (check building materials to be used): Aluminum Wrought iron * NOTE: No vinyl, PVC, wire, chain-link, brick or concrete fences allowed; hardware must be galvanized; and posts must be set in concrete. METAL FENCING FINISH: Satin black Black matt/fine texture Town of Cary permit not required for fencing projects. REMARKS:
13 19.0 Basketball Goals See Addendum H 19.1 All full-sized basketball goals installations require Architectural Review Committee approval. Full-sized goals MUST be mounted on a pole or a manufactured portable stand, with a clear, acrylic backboard, and include a metal rim with attached net. Toy goals (not exceeding 5 ft. 0 in. height) do not require approval Requirements: Completed Application for Architectural Review including Addendum H: Basketball Goals. If installing a new pad for a permanent goal, also include Addendum F: Patios / Walkways / Basketball Goal Pads Plot plan showing location of basketball goal Picture or description of goal Guidelines: Basketball goals must be installed on the rear 50% (toward house) of level driveway or parking pad On properties not suited to installations of a permanent or portable goal as described under , other locations elsewhere on the property shall be approved upon submittal of an Architectural Review Application and the proper addendums describing the location for permanent or portable goal installation and materials to be used. * NOTE: Goal for permanent basketball pad must be located on the rear 50% of the driveway nearest the house/garage or in the backyard behind the house. *NOTE: Goals placed behind the house should not be visible from the street. Exceptions for corner lots will be made on a case-by-case basis Portable basketball goals that can't be located on the rear 50% of the driveway or parking pad shall be approved when located behind the curb area (not in the street right-of-way) on a temporary basis not to exceed six consecutive months or ten months total in a 12-month period. Dates for installation shall be included on the required Addendum H All goals must be mounted on a single pole Permanent and portable basketball goals are not allowed along the street right-of-way Only one (1) goal per house.
14 28.0 Roof Replacement See Addendum P Roof replacement will be considered part of routine property maintenance and will not require Architectural Review Committee (ARC) approval when the guidelines listed below are followed: 28.1 Guidelines: Roof material must be asphalt. Materials not allowed: Clay, slate, concrete, metal, wood shake, and Spanish tile Roofs must be flat or architectural style shingles Color of roof shingles must be black, gray, or brown Periodic maintenance/repair of existing roof or replacement of existing roof with the same material (shingles) style and color is expected.
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