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SummerBrooke Building Guidelines,
Use Restrictions, and Covenant Authority
Revised April 24, 2000
In accordance with the covenants for SummerBrooke subdivision, the Architectural Control Committee (ACC) is charged to “insure the quality development and to insure preservation of the aesthetic qualities of the subdivision.” To this end, the ACC must approve all plans, including initial residential construction, additions and/or modifications, and improvements. NO clearing or construction of any kind may begin until the property owner obtains approval from the ACC.
The sections of the SummerBrooke covenants that govern building and the use of property are provided herein. (The original covenants 6/23/89 cover Phases 1-4; the amendments of 5/25/94 apply to Phases 5-10.) Supplementary building guidelines are presented with the applicable section. The guidelines have been developed and adopted over time and are intended to reinforce, clarify, and add specificity to the covenants.
COVENANT ARTICLE I - DEFINITIONS
Section 9. “Improvement” shall mean all buildings, outbuildings, sheds, driveways, parking areas, fences, swimming pools, tennis courts, lights and utility pole lines and any other structure of any type or kind. Improvements to be placed on any lot require the prior approval of the ACC.
COVENANT ARTICLE IV - ACC
Section 2. Purpose: No building, fence, structure, alteration, addition or improvement of any kind, other than interior alterations not affecting the external appearance of a building or structure shall be commenced, erected, placed or maintained upon any portion of any lot unless and until the plans and specifications therefore shall have been approved in writing by the ACC in its sole discretion as to harmony of external design and location in relation to surrounding structures and topography and as to aesthetic quality.
Guidelines for Plan Submissions: Plans submitted to the ACC become the property of the ACC. Modifications to a plan previously approved by the ACC require approval of the ACC. Requests for a waiver to any of the following guidelines must be submitted to the ACC for consideration. Waivers will be considered on a case-by-case basis. Waiver approval will be based upon the merits of the individual home, lot, existing and proposed landscaping, adjacent lots, golf course, and other factors as determined by the ACC. Plans must include the following:
Site Plan that shows the location and orientation of all buildings, trees and other structures and improvements proposed.
Landscape Plan and plans for controlling sedimentation runoff. Trees larger than 18” in diameter at 50” high and dogwoods larger than 8” in diameter at 50” high will be marked on the site plan and no removal will be allowed until an on-site inspection and approval by the ACC. It is the desire of the Home Owners Association to preserve as many trees as possible when building. Plant design at the front of the house will consist of at least 2-tiered landscaping. Front tier to be minimum of 1 gallon and the back tier will be minimum of 3-gallon shrubs
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Replacement of Ground Cover. As soon as home construction will allow, all areas cleared that are not covered with the concrete foundation will be required to be sodded or sprigged. Mulching, preferably pine straw, is required for all areas that will be planted. No bare topsoil shall be left uncovered in order to maintain responsible erosion control practices. All cleared front and side yards should be fully sodded or bedded with pine straw, shrubs, etc. Rear yards may be stripped, sprigged or seeded. Sprigs and strips may be separated by no more than 12” open areas and seeded or unseeded cleared areas must be covered with mulch or pine straw. If sod is not in place, hay bales or maintained siltation barriers shall be in place. The rear property of all golf course or lakefront properties must be sodded completely to the line of clearing.
Architectural Plan that includes floor plans with elevations, location of A/C compressor, and mailbox design. Any modification of the plan needs prior approval from the ACC.
· A/C Units must be located at the rear of the house or at the side of the house if screening is provided between A/C compressor and the road. Screening must be at least the height of the A/C compressor.
· Pool filtration and heating units must be screened from the road. Screening must be at least the height of the units.
· Chimneys must be constructed of brick or stucco.
· Mailboxes must be constructed of brick or stucco to match the home. The mailbox must be in place at the completion of the home.
5. Description of all proposed exterior finishes, materials and colors including those for walls, windows, doors, paving, roofing, fencing, signs and exterior lighting fixtures must be provided. Samples and manufacturers ID may be required.
· Roof shingles must be architectural laminated, 25 years or greater. Minimum roof pitch is 7/12.
· Exterior walls must be brick or stucco; no siding is allowed. Vinyl can be used for exterior porch ceiling, soffit, and facia. Stucco may be used for gables when brick is used for exterior walls, however, exterior elevations must be at least 70% brick excluding foundation/stem walls. Off-grade foundation/stem walls must be of the same material as the exterior wall finish (i.e. if the exterior wall is brick, the foundation/stem wall must be brick).
· Retaining walls must be approved by the ACC.
· Driveways must be concrete.
Guidelines for Detached Buildings, Pools, Fences, Decks (all require ACC approval):
6. Detached buildings must be constructed of brick or stucco to match the home. If the building is proposed after construction of the home, revised site and architectural plans are required.
7. Swimming pools must be specifically approved in writing by the ACC; plans must show location on site plan, any retaining walls, and materials. Pool enclosures must be within the set back requirements and shown on the site plan. Screen or fence enclosure design must be submitted for approval.
8. Fences/decks on non-golf course and non-lake lots:
· Fence and/or deck design, construction materials, and setbacks must be shown on site plan, be submitted in writing, and be approved by ACC prior to construction.
· No fence may be constructed nearer the front corner of the residence than 22’. Fencing must be set back from property lines as determined by the ACC.
· No split rail, chain link, or welded wire fencing will be permitted. Approved fencing materials are brick, stucco, aluminum, or wood (not split rail). Samples or photographs may be requested.
· Wood privacy or picket fences must have decorative or scalloped tops with finished side facing out.
· Landscaping with foundation plants will be required around the portions of the fence that face a street.
· Decks must have latticework around underneath sides.
9. Fences/decks on golf course and lake lots:
· Fence and/or deck design, construction materials, and setbacks must be shown on site plan, be submitted in writing, and be approved by ACC prior to construction.
· Golf course residences that have a pool will fence the pool area (as opposed to the backyard) in accordance with city ordinances. The fencing will not extend beyond each side of the house.
· The ACC will consider a request for a fence from non-pool owners. The fencing will not extend beyond each side of the house.
· Fencing must be set back from property lines as determined by the ACC.
· Fencing will be a made of decorative aluminum four feet in height. Brick or stucco corner posts will be permitted.
· Landscaping with foundation plants will be required around the portions of the fence that face a street.
· Under no circumstances will a privacy fence be allowed.
· Decks must have latticework around underneath sides.
Section 3. Administration: The ACC shall have the power to adopt rules and establish procedures not inconsistent with the provisions of this Declaration, including, but not limited to construction and development standards as may be deemed necessary by the Committee to insure the quality development and to insure preservation of the aesthetic qualities of the subdivision. In addition, the Committee shall have the authority to set standards for the control of sedimentation and run-off during the clearing and construction of any improvements on lots within the subdivision. The written request and submittal of plans and specifications required pursuant to Section 2 hereof shall include but not be limited to a specific site plan; floor plans with elevations; accessory structures and features; including pool, deck, plans, screen enclosures, mailboxes, fences and other pertinent structures; driveway and sidewalk locations; specific grading and clearing with sedimentation and run-off control; and landscaping plan; color scheme designating the precise color of all exterior surfaces and exterior materials to be used. The Committee may disapprove a plan for lack of artistic style or aesthetic quality. For example, the Committee may disapprove a plan because it is too square or “box-like”, because the roof is too flat, because there is not sufficient landscaping or for any other reason that the Committee in its sole discretion, may deem appropriate. In addition to the basic roof and wall colors, the rendering of color scheme shall include, but not be limited to, the color of the trim, gutters, windows, shutters, decks, porches and all other exposed surfaces. The Committee, in its sole discretion, may disapprove a color scheme on the ground that it is not in conformance with the aesthetic character of the development. The Committee may disapprove any aluminum windows, doors or similar structures using aluminum. No pipes, wires or other appurtenances underneath or adjoining a structure shall be exposed, but shall be encased or housed as part of the overall construction project.
ARTICLE V - USE RESTRICTIONS
The subdivision shall be occupied and the lots within the subdivision shall be used only as follows:
Section 1. The property shall be used for residential purposes only, and only 1 single-family residence, together with approved out building, shall be allowed per lot.
Section 2. No lot within the subdivision shall be further subdivided.
Section 3. No mobile homes shall be allowed on the property.
Section 4. No building shall be erected within 50’ of the front property line or 20’ of the side or rear lot lines. Declarant or the ACC shall have the right in their discretion to vary these setback restrictions where strict enforcement will result in unnecessary hardship.
Section 4 Amendment, 5/24/94 (covering Phases 5-10). No building shall be erected within 30’ of the front property line or 50’ of the rear property line or 10’ from the side property lines. Declarant or the ACC shall have the right in their discretion to vary these setback restrictions where strict enforcement will result in unnecessary hardship.
Section 5. No dwelling shall be constructed that contains less than 2,000 sq. feet of living area, exclusive of porches or garages. Once construction starts, work shall be pursued diligently until completed.
Section 6. Each dwelling shall have a functional carport or garage which shall be screened on sides which are visible from the street, which runs in front of or adjacent to the property. All garage and carport entrances shall face the rear property line or a side property line. In no instance shall the entrance be permitted to face the front line of the property.
Section 6 Amendment, 5/24/94 (Phases 5-10). Each dwelling shall have a functional carport or garage which shall be screened on sides which are visible from the street, which runs in front of or adjacent to the property. All garage and carport entrances shall face the rear property line or a side property line unless the configuration of the lot makes compliance with this Section impractical or undesirable, in which event the ACC, in its sole discretion, retains the authority to waive this provision.
Section 7. No trailer, travel trailer, motor home, or barn or other out building shall at any time be used a residence, temporarily or permanently. Boats, trailers, campers or other recreational vehicles shall be parked or stored within the garage or placed behind the residence and shall not be visible from the street which runs in front of the property.
Section 8. All residences shall have a clearly defined driveway, and all driveways shall be constructed of concrete or “hot mix” asphalt or such other material as may be approved by the ACC. All foundations and chimneys shall be of masonry construction.
Section 9. The size, location, design and type of material of mailboxes or paper boxes or other receptacles of any kind, must be approved by the ACC.
Section 10. No business, trade or commercial activity shall be conducted on any lot.
Section 11. No sign of any kind shall be displayed to the public view on any lot except 1 sign of not more than five (5) square feet advertising the property for sale or rent.
Section 12. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Any animal creating a nuisance or annoyance in the neighborhood shall constitute a nuisance and shall result in the Association taking whatever action is appropriate to remove such nuisance. No animal or pet shall be allowed to roam free within the subdivision.
Section 13. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood or tend to damage or destroy either private or public property.
Section 14. There shall be no on street parking whatsoever or any vehicles including, but not limited to, boats, motor homes, automobiles or trailers, unless such parking is necessary under unusual circumstances, such as a large party or reception.
Section 15. All personal property kept on a lot shall be either kept or maintained in a proper storage facility or shall be stored at the rear of the home. However, nowhere on the property shall this provision be construed to permit junk cars, old appliances or the like from being kept anywhere on the property, including in the front, on the side, or to the rear of the property. Any personal property, if it is to be stored on the lot, is to be stored in a completely enclosed structure approved by the ACC. Among other remedies and after 30 days notice to the owner, the Association may come upon the lot to remove property being stored in violation of this provision, all at the expense of the owner, which expense shall constitute a lien against said property. An automobile or other vehicle shall be considered a “junk car” under this provision if it is immobile for a period of 30 days or longer and does not have a current license tag.
Section 16. Amendment, 5/24/94 (addition). No satellite dishes or antennae shall be allowed. The remaining provisions of Article V not changed by this provision shall remain in full force and effect.
The undersigned hereby acknowledges receipt of these Building Guidelines, Use Restrictions, & Authorizing Covenants, and grants permission for the SummerBrooke Property Owners Association to enter the premises for the purposes of inspecting the lot, construction, and conducting a final inspection.
PROPERTY OWNER Signature: ______________________DATE: _______
PROPERTY OWNER NAME: _____________________________________
PHONE NUMBERS: ____________________________________________
MAILING ADDRESS: ___________________________________________
____________________________________________________________
LOT #_______________ BLOCK ________________ UNIT ____________
BUILDER NAME ______________________________________________
PHONE NUMBERS ____________________________________________
MAILING ADDRESS ___________________________________________
____________________________________________________________
Complete copies of the covenants are available at the association office.
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