SPEAR S RANCH ON SALADO CREEK ARCHITECTURAL CONTROL COMMITTEE IMPROVEMENT GUIDELINES

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Alyson Harris
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1 SPEAR S RANCH ON SALADO CREEK ARCHITECTURAL CONTROL COMMITTEE IMPROVEMENT GUIDELINES These GUIDELINES are a summary of the DECLARATION plus any additional and/or adjusted requirements ADOPTED by the ACC on April 17, 2017 (per meeting notes on record via any ACC member) as a single source for Improvement(s) development in Spears Ranch, as well as the ACC s review and approval of any/all IMPROVEMENTS AS DEFINED UNDER ARTICLE 1 BELOW. In an effort to simplify conformance of your proposed Improvements on, and use of your property in Spears Ranch, all DECLARATION and ACC requirements to that end are contained in this Guideline. Requirements in italics have been adjusted, waived and/or added by the ACC. Required submittal application/fee schedule can be found at the end of these Guidelines. ALL IMPROVEMENTS SHALL BE SUBMITTED WITH AN APPLICATION & CHECKLIST, WHETHER OR NOT A FEE IS REQUIRED; AND A NOTICE OF COMPLETION & APPROVAL SHALL BE SUBMITTED UPON COMPLETION FOR FINAL APPROVAL. ARTICLE 1: DEFINITIONS 1.11 Improvement shall mean every structure and all appurtenances of every type, whether temporary or permanent, including but not limited to buildings, outbuildings, sheds, patios, swimming pools, garages, driveways, storage buildings, sidewalks, gazebos, signs, fences, gates, walls, decks, landscaping, landscape improvements, poles, mailboxes, antennae, exterior air conditioning equipment or fixtures, and exterior lighting fixtures. The ACC has waived the following items above from review requirements: uncovered patios, sidewalks, signs, landscaping, landscape improvements, poles, mailboxes, antennae, and exterior air conditioning equipment or fixtures; but reserves the right to enforce any item if, in their opinion, the improvement is contrary to the improvement theme approved for any lot or is unsightly from the road or a neighbor s property. (Also see 3.04) ARTICLE 3: EASEMENTS 3.01 The PLAT designates a 25' utility easement along along all boundary lines for the purpose of constructing, maintaining and repairing a system or systems of electric lighting, electric power, telegraph, and telephone lines, gas lines, sewers, water lines, storm water drainage (surface or underground) or any other utility. The DECLARANT reserved a 30 easement along all street frontages for the purpose of (i) constructing, maintaining, replacing and repairing nature trails and/or horse riding trails for the use and benefit of all Owners; (ii) for the construction, maintenance, replacement and repair of storm water drainage improvements; and (iii) for construction, maintenance, replacement and repair of water quality structures, facilities and improvements. Utility companies serving Spears Ranch have been granted access and the right to trim and/or remove trees within these easements for service purposes to the Owner and/or adjacent Owner Existing utilities may not be relocated within the easements without ACC approval The PLAT designates a 15' drainage easement along and outside all street frontages. Property Owners shall accept any flow and flow rates from rainfall and storm water runoffs from adjacent property that may be developed in the future. There shall be no construction of Improvements, temporary or permanent, in any drainage easement except as approved in writing by the ACC. (SEE 3.04) 3.04 Landscaping and entrance address features may be placed in easements OTHER THAN ROAD EASEMENTS with the understanding that any disturbance and/or damage by any utility service shall be the responsibility of the property owner and further understand that the ACC reserves the right Version 2.1 Adopted 4/17/17 Page 1 of 5

2 to enforce any item if, in their opinion, the improvement is contrary to the improvement theme approved for any lot or is unsightly from the road or a neighbor's property The PLAT designates a 60' wide easement for the roads and streets in this subdivision conveyed to the ASSOCIATION and operated as private streets by the ASSOCIATION. Notwithstanding the ASSOCIATION's operation of the roads and streets in the subdivision as private roads, Declarant granted to law enforcement agencies and officers of Williamson County and the State of Texas and other government law enforcement bodies, fire department officials and and fire protection personnel, vehicles and equipment, ambulances, school buses, County officials and personnel and other government officials and personnel, rights of ingress and egress of the subdivision in connection with the performance of their official functions. ARTICLE 6: ARCHITECTURAL CONTROL 6.01 The ACC may promulgate reasonable rules and regulations, including architectural guidelines, concerning the construction, repair and maintenance of Improvements, as well as the ACC s review and approval of such Improvements ARE INCLUDED IN THESE GUIDELINES. Approval of Improvement Plans: DUE TO THE DIVERSE SITUATIONS PRESENTED BY THE PROPERTIES AS PLATTED, THE ACC PROVIDES THE FOLLOWING GUIDELINES TO DEFINE THE REQUIREMENTS OF THE DECLARATION AND ACC ADOPTED ADJUSTMENTS AND/OR ADDITIONAL REQUIREMENTS: a) Residence and any outbuildings and other Improvements planned, submit application with the application/review fee. b) One single family home. Minimum heated area: One story 2400 SF Two story 2800 SF c) One garage, 2-4 vehicles, attached or detached. MUST BE BUILT WITH RESIDENCE. An additional garage to the above will be defined as an outbuilding. d) Additional separate dwelling may be constructed for family member or domestic employee NOT separate rental unit or commercial purposes. MAY BE CONSTRUCTED PRIOR TO MAIN RESIDENCE AND COMPLETED WITHIN ONE (1) YEAR (as defined below) OF THIS IMPROVEMENT CONSTRUCTION START. If submitted separate from main residence, separate application with application/review fee and Improvement plans to ACC. e) Construction of ANY building must be completed within one (1) year of construction start. Completion is defined as dried in with all exterior windows, doors, roofing, painting and exterior wall finishes completed. f) Concrete Driveway Approach: ALL main driveways shall have a CONCRETE DRIVEWAY APPROACH. Concrete approach shall be dip-type construction. CULVERT-TYPE CONSTRUCTION IS PROHIBITED. Concrete forms shall be installed conforming to EXISTING GRADES and inspected prior to pouring any concrete. Application and deposit shall be submitted prior to construction start. g) Manufactured or prefabricated buildings/homes are PROHIBITED. h) SETBACKS: 200 from front and/or any street property line for any building 100 from any interior property line for any building 50 from any street property line for any fencing i) Exterior wall finishes (including residence with garage, detached garage and separate freestanding residence w/garage)(outbuildings - see below): 75% (of exterior wall area) shall be masonry defined as brick, stone and/or stucco materials. Cement based siding products do not apply toward masonry requirements. Siding is restricted to concrete-based/reinforced horizontal lap siding (James Hardie or equal) for all proposed improvements where masonry is not required. Maximum foundation exposure allowed is 24. COLOR SCHEME SHALL MATCH FOR ALL IMPROVEMENTS. j) Roof material/finish: wood, tile, slate, prefinished metal or composition shingle (235# min). ALL ROOFING MATERIAL, FINISH, PITCH SHALL MATCH ON ALL IMPROVEMENTS. k) ANY proposed solar equipment must be submitted for approval. Version 2.1 Adopted 4/17/17 Page 2 of 5

3 l) Water well equipment & storage, waste water systems, butane/propane tanks and fuel storage tanks must be installed within permanent structures or screened from general view by trees, landscaping or topography. m) Fencing shall not exceed 8 in height and locations shall be shown on submitted improvement site plan. Fencing along road ROW s shall be set back a minimum of 50 from ROW/property line. n) Parking of vehicles, trailers, tractors, utility vehicles and RV s shall be restricted to driveways, garages and maintained areas of the property, preferably obscured from public view when possible. o) Reasonable and appropriate landscaping shall be provided and maintained, but is not a required submission. Spears Ranch is a rural community, so manicured lawns and plantings are not required; but, in the interest of maintaining everyone s property values, appropriate maintenance is required whether in a visible location or not. p) Outbuildings: (i) Submit application with application/review fee and Improvement plans to ACC if not included in residence submission package PRIOR to any construction start. If the Owner begins construction before receiving ACC approval, no accommodations whatsoever of the started structure shall be taken into account during the review process. (ii) Site plan must be provided showing any/all existing and proposed Improvement(s). If the proposed outbuilding Improvement is preceding the main residence, please keep in mind that either the main residence exterior finishes will be dictated by finish selections approved for the outbuilding or the outbuilding finishes will have to be changed to match the proposed residence before approval is issued for the residence. (iii) Outbuildings less than 300 SF do not require any exterior masonry. The siding is restricted to concrete-based/reinforced horizontal lap siding (James Hardie or equal). The roofing and colors shall match main residence. Max. foundation exposure allowed is 24. (iv) Outbuildings 300 SF or greater shall have a masonry wainscot on all sides, minimum 30 high, which shall match residence masonry. Max. foundation exposure allowed is 24. The siding above is restricted to concrete-based/reinforced horizontal lap siding (James Hardie or equal). The roofing and colors shall match main residence. (v) Outbuilding construction shall be completed within 1 yr of construction start as defined under 6.02 e) above. q) Temporary above ground pools will be considered if submitted for approval with a defined length of time and shall be appropriately screened from street and neighbor view ACC Approval: A minimum of two (2) members shall be required to approve or reject improvement plans Failure of ACC to act: If any plans for improvements submitted as required herein are not acted upon within 30 days of submission receipt, approval by the ACC is not required and full compliance of these requirements is deemed to have been met Records: The HOA Board shall maintain written records of all ACC actions. Records shall be available for inspection upon request at reasonable times at the Management office Nonliability of ACC members: Neither the ACC nor any member thereof shall be liable to any Owner or any other person for any loss, damage or injury arising out of the connection with the performance of the ACC s duties. Neither the ACC nor the members thereof shall be liable to any Owner due to the construction of any Improvement or the creation thereby of an obstruction to the view or interference with drainage patterns from such Owner s property Effect of Approval: The granting of approval (whether in writing or by lapse of time) shall constitute only an expression of opinion by the ACC that the requirements herein will be complied with if Improvements are constructed as presented and approved. Such approval does not constitute any waiver or variance to these requirements if not constructed as approved or in any way fail to comply with these requirements. For Variance application, see below. Version 2.1 Adopted 4/17/17 Page 3 of 5

4 6.08 Inspections: In order to reasonably insure that all Improvements are constructed per ACC Guidelines established herein, the ACC or its representative(s) may visit the property from time to time to document such conformance. If any noncompliance issues are noted, the Owner shall be provided a copy of such noncompliance issues for correction Notice of Completion and Noncompliance: Within five (5) days of Completion of Improvements per then current Improvement application, the Owner shall deliver a filled in Notice of Completion form (see applications & fees) to the ACC. If the ACC determines that all Improvements were completed per approved documents, approval will be indicated on the form and returned to the Owner and a copy placed in their file. If the ACC determines that the Improvements were constructed without ACC approval, are not in conformance with approved submissions or previous inspection noted noncompliance issues were not addressed, the ACC shall deliver to the Owner a Notice of Noncompliance within 60 days. The Owner will have 45 days to address all issues and deliver a new Notice of Completion to the ACC. Additional provisions concerning noncompliance and the ACC ability to remedy is contained in this Article of the Declaration VARIANCES: The ACC may authorize variances from compliance with any of the provisions of the Declaration or the ACC s guidelines. Application shall be submitted to the ACC with application/review fee and Improvement plans with requested Variance indicated thereon. Unanimous approval of the ACC is required. IT IS STRONGLY SUGGESTED THAT ANY VARIANCES BE RECORDED WITH REFERENCE TO YOUR DEED AND TITLE POLICY Disclaimer: Approval of Improvement plans by the ACC shall never be construed as representing or implying that such plans conform to current accepted codes and/or standards for such building or improvement which might be required by any other jurisdiction nor result in a properly designed structure or satisfy any legal requirements. ARTICLE 8 PERMITTED USES AND RESTRICTIONS 8.01 General Restriction: See 6.02 above Minimum Floor Area and Exterior Walls: See 6.02 above Setbacks: See 6.02 above Noxious or Offensive Activities Prohibited and enforced by the POA Prohibited Uses: See Declaration for provisions enforced by the HOA Signs: Except as approved in advance by the ACC, one (1) sign not to exceed 5 SF shall be allowed advertising the property for sale or rent; or during construction by the contractor Oil Development Prohibited: Enforced by the HOA Rubbish, Trash and Garbage: No storage of rubbish, trash or garbage is allowed on any property. Construction debris shall be removed as soon as practical; but in no case later than filing Notice of Completion Animals: See Declaration and HOA Rules & Regulations Fences, Driveways: See 6.02 above Shrubs and Trees: See 6.02 above Vehicles: See 6.02 above Maintenance of Lawns and Plantings: See 6.02 above Restriction on Further Subdivision: No property shall be further subdivided. Elimination of property lines where an Owner wishes to dissolve a property line and increase his property size permanently shall comply with State and local jurisdictions for plat modifications and shall be at the sole expense of the Owner Repair of Buildings: All Improvements upon any property shall be maintained in good condition and repair and/or otherwise maintained by the Owner. Repairs to Improvements shall conform to original approvals. Modifications or additions require application submission with application/review fee to the ACC. Version 2.1 Adopted 4/17/17 Page 4 of 5

5 SUBMITTAL REQUIREMENTS AND FEES SEPTIC SYSTEM Application to Williamson County for septic system approval. Provide copy of site plan (if not shown on submitted site plan) and approval to ACC. FLOOD PLAIN DEVELOPMENT Application to Williamson County for site development if required due to flood plain. Provide a copy of approval to ACC. ELECTRICAL SERVICE Application to Pedernales Electric Co-op for electrical service. Show location of service on submitted site plan or revised site plan submitted to ACC. DRIVEWAY APPROACH - $1000. DEPOSIT REFUNDED UPON COMPLETION Application plus deposit to ACC for driveway approach. Show location on submitted site plan. RESIDENCE PLUS - $1,500. FEE (Effective 10/5/2016 per HOA Board) Application plus fee & plans per checklist to ACC for residence approval (can include 2 nd residence and/or outbuilding(s) and/or other improvements if submitted at the same time). OUTBUILDING, 2 ND RESIDENCE - $100. FEE (+$1,000. FEE if built first effective 10/5/2016) Application plus fee & plans per checklist to ACC for outbuilding or 2 nd residence submitted separately. FENCING - $100. FEE Application plus fee & plans per checklist to ACC for fencing, gate(s) and entrance structure(s). MISCELANEOUS IMPROVEMENTS $25. FEE Application & plans per checklist to ACC for all other Improvements listed under Article 1, 1.11 at the beginning of these Guidelines. MODIFICATION(S) TO EXIST. IMPROVEMENTS $50. FEE Application & plans per checklist to ACC for any/all Modifications to existing approved Improvements, such as additions, exterior finish changes, added/deleted openings, enclosing exist. Porch, etc. VARIANCE - $100. FEE Variance request plus fee and plans per checklist to ACC. APPEAL - $100. FEE Appeal request plus fee to ACC. ALL CHECKS MADE PAYABLE TO SPEARS RANCH ON SALADO CREEK Version 2.1 Adopted 4/17/17 Page 5 of 5

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