Silver Lakes Ranch Design Guidelines

Size: px

Start display at page:

Download "Silver Lakes Ranch Design Guidelines"

Beatrix McCarthy
6 years ago
Views:

1 Silver Lakes Ranch Design Guidelines The Declaration of Covenants, Conditions and Restrictions (CCR s) that were provided by the title company to each and every property owner in Silver Lakes Ranch (SLR) at the time of closing on your property state the specific requirements and restrictions for construction of structures on lots and use of property within Silver Lakes Ranch. Below is a summary of those rules, requirements and restrictions, most of which may be found in Articles 9 and 10 of the Covenants. As permitted in Paragraph 9.3 (a.) of the Silver Lakes Ranch CCR s, the ACC or Board has the expressive right to modify these Design Guidelines as it sees fit. These modifications can impose more detailed guidelines as long as they do not directly conflict with By-Laws or CCR document. This document in no way takes precedent over the Declaration of Covenants, Conditions and Restrictions. Reference should still be made to the Declaration of Covenants, Conditions and Restrictions by the property owner before commencing any improvement to their property. Architectural Standards: 1. No exterior structure or improvement can be placed, erected, installed or made upon any Lot or adjacent to any Lot except in compliance with Article 9 of the Declaration and with prior written approval of the SLR POA Architectural Control Committee (ACC). Paragraph An owner may remodel, paint or redecorate the interior of structures on his Lot without approval. Paragraph All dwellings will be designed by and built in accordance with the plans and specifications of a licensed architect unless the ACC otherwise approves in its sole discretion. Paragraph Plans and specifications showing the nature, kind, shape, color, size, material, and location on the property of all proposed structures and improvements must be submitted to the ACC for review and approval (or disapproval). In reviewing each submission, the ACC may consider the quality of workmanship and design, harmony of external design with existing structures, and location in relation to surrounding structures, topography, and finish grade elevation, among other considerations. Decisions of the ACC may be based solely on aesthetic considerations. Paragraph 9.3b. 5. If the ACC fails to approve or disapprove any application within 30 days after submission of all information and materials reasonably requested, the application shall be deemed approved. However, no approval, whether expressly granted in writing or granted through failure of the ACC to approve within 30 days, shall be inconsistent with Article 9 of the Declaration unless a variance has been granted in writing. Paragraph 9.3b.

2 6. Approval will be effective for a 1 year period from the date of approval. If work has not commenced within the 1 year period, the approval expires and no work can commence without resubmitting plans to the ACC. Paragraph 9.3b. 7. There can be only one structure on a lot to be used for single family residential purposes. Paragraph 9.4a. 8. All improvements, with the exception of metal workshops on Lots 3 acres and larger, must be built with exterior walls being 80% masonry, glass or natural wood (i.e. no aluminum, asbestos siding, vinyl siding, plywood siding, or Masonite siding). Cement fiber (Hardy Board) siding is considered masonry. Paragraph 9.4a. 9. Storage buildings and workshops may be built and placed on the Lot as long as they are at least 150 from the Front Line and are approved by the ACC. Paragraph 9.4a. 10. Detached garages, workshops and storage buildings may be constructed on the Lot prior to the time the main Dwelling is being built so long as they are of good construction, kept in good repair and not used for residential purposes. All Dwellings, detached garages, workshops and storage buildings must be approved in writing by the ACC prior to being erected. Paragraph 9.4a. 11. All Dwellings must have a minimum of 1600 square feet, excluding porches, and a minimum of a one car garage except for certain lake lots which require a minimum of 2000 square feet. Paragraph 9.4a. 12. Carports are allowed so long as the carport is attached to and connected with the Dwelling with its roof being an extension of the roof of the Dwelling. Paragraph 9.4a. 13. All Guest Houses must be built simultaneously with the main Dwelling or after construction of the main Dwelling and must be of similar construction as the main Dwelling. They must have a minimum of 500 square feet, excluding porches. Paragraph 9.4a. 14. Any building, structure or improvement shall be completed as to exterior finish and appearance within 6 months from the commencement date of construction. Paragraph 9.4a. 15. The term single family residential purposes shall be construed to prohibit manufactured housing, mobile homes or trailers or the use of the Lots for duplex houses, condominiums, townhouses, or apartment houses. All Lots shall be for single family residential purposes and all homes must be site constructed. Paragraph 9.4a. 16. Only one residence can be connected to a sewage facility on each Lot. A permit must be obtained from the appropriate county. Paragraph 9.4b. 17. If an Owner re-plats two or more lots into one lot, the side set-back lines will be measured from the resulting side lines and not from the original Plat lines. Paragraph 9.4c. 18. Walls and fences must be approved by the ACC prior to construction. Paragraph 9.4d.

3 19. Walls and fences shall be no closer to the Front Line of the Lot than the front line of the house on Lots less than 3 acres. Lots 3 acres or more are permitted to fence along the Front Line. Paragraph 9.4d. 20. No barbed wire fences are allowed and no fence shall exceed 10 ft. in height. Paragraph 9.4d. 21. A 40 building setback requirement exists from the Front Line and a 10 building setback requirement exists from a Side Line and Rear Line of all Lots. A 5 utility easement exists on sides and rear of all Lots. Paragraph 9.4e. 22. The ACC may authorize variances from compliance with the guidelines and procedures when circumstances such as topography, natural obstructions, hardship or aesthetic or environmental considerations are required. These variances shall be granted only when unique circumstances dictate and must be in writing. Paragraph There are specific provisions in the Supplemental Declarations for boat docks and piers having to do with each Phase of SLR. 24. There are specific provisions in the Supplemental Declarations for set-back of boats, RV s and travel trailers from the shore line or a specific elevation line around ponds and lakes for each Phase of SLR. Use Restrictions: In addition to the following limited restrictions that pertain primarily to construction, a full set of use restrictions is contained in Article 10 of the covenants and all must be strictly complied with. 1. Lots may be used for residential purposes of a single family and for ancillary business or home office uses. Businesses or a home office are ancillary so long as: (a) the existence or operation of the activity is not apparent or detectable by sight, sound, or smell from outside the Lot; (b) the activity limits the number of employees to no more than two (2) as long as there is reasonable parking; (c) the activity does not involve regular visitation to the Lot by outside clients, suppliers, etc.; (d) the activity does not increase traffic or include frequent deliveries; (e) the activity does not constitute a nuisance, is not hazardous or offensive, or does not threaten the safety and security of other residents of SLR. The POA Board has discretion in these matters. Paragraph Any trade or business being considered by the property owner which would reside within SLR must be approved by the POA Board. Paragraph Owners may locate motor homes, travel trailers and tents on their Lots within set back lines, temporarily, not to exceed 7 days in any calendar month or up to 6 months while residence is being constructed. Motor homes or travel trailers remaining on the Lot beyond the set time restriction are subject to removal by the POA. The ACC or Board has the right to enter upon the Owner s Lot and to remove such temporary structures which are placed on any Lot in violation of these restrictions. Paragraph 10.3c.

4 4. Recreational vehicles as defined in Paragraph 10.3 (b) of the CCR s shall not be parked or stored so as to be visible from the any public street except as permitted in paragraph 3 in this section of the Design Guidelines. The Board reserves the right as permitted in the CCR s to make variances to this restriction in special circumstances if submitted in writing and approved by the Board. 5. No trash shall be left on any Lot. Paragraph 10.3c. 6. No streams which run across any Lot may be dammed, or the water impounded, diverted or used for any purpose without the written consent of the Board. Paragraph A driveway culvert must not be less than 12 in diameter. The driveway above the culver should be constructed such that the driveway is at least 6 below the outside edge of the main roadway. Driveway culverts must be installed prior to any construction on the Lot. Paragraph No Person shall alter the grading of any Lot without approval of the Board or the ACC. Paragraph Any Lot on which construction is in progress shall be policed prior to each weekend and during the weekend all materials shall be neatly stacked or placed and any trash or waste materials shall be removed. Paragraph Contractors or Builders are permitted to have 1 professionally made sign for advertising purposes that must be removed upon completion of the contracted construction. All other signs may be removed by the Board. Paragraph Administration and Enforcement: The Declaration provides for the SLR Property Owners Association (POA) to administer and enforce provisions of this Declaration, the By-Laws and the Design Guidelines. The Design Guidelines are defined in Article 1, pp 1.20 of the Declaration and are administered pursuant to Article 9 of the Declaration. In other words, the SLR POA has the right and responsibility to administer all architectural rules, requirements and restrictions pertaining to the use and development of each lot within SLR. Paragraph The Board, or any committee established by the Board, may impose sanctions for violation of the Governing Documents. Possible remedies open to the Board for failure of the property owner to follow the rules, requirements and restrictions in SLR include: Paragraph 4.3. a. Imposing monetary fines which shall constitute a lien upon the lot of the violator. Paragraph 4.3a. b. Filing liens in the Public Records for nonpayment of any assessments or fees. Paragraph 4.3b. c. Filing notices of violations in the Public Records. Paragraph 4.3c. d. Suspending an Owner s right to vote. Paragraph 4.3d.

5 e. Suspending any Person s right to use any recreational facility within the Common Areas. Paragraph 4.3e. f. Levying Specific Assessments to cover costs incurred in bringing a Lot into compliance. Paragraph 4.3f. g. Suspending any services provided by the Association to an Owner or the Owner s Lot. Paragraph 4.3g. h. Filing suit to enforce any of the above sanctions. Paragraph 4.3h. 2. The Board may elect to enforce any provision of the Governing Documents by entering the Lot and exercising self-help (specifically including, but not limited to, the correction of any maintenance, construction or other violation of the Governing Documents) or by suit at law or in equity to enjoin any violation or to foreclose a lien. Paragraph Any member of the ACC or the Board may, during reasonable hours and after reasonable notice, enter any Lot to inspect for the purpose of ascertaining whether any structure or improvement is in violation of the Declaration. Paragraph Upon written request from the ACC or the Board, the Owners shall, at their own cost and expense, remove such structure or improvement and restore the property to substantially the same condition as existed prior to the nonconforming work. Should the Owner fail to remove and restore as required, the Board or ACC shall have the right to enter the property, remove the violation, and restore the property to substantially the same condition as previously existed. Such entry shall not constitute a trespass. All costs, together with interest at the maximum rate allowed by law plus attorney s fees may be assessed against the Lot and collected as a Specific Assessment. Paragraph If any Owner fails to commence and diligently pursue to completion all approved work, the POA is authorized, after notice to the Owner, to enter the Lot and remove or complete any incomplete work and to assess all costs incurred against the Lot and the Owner as a Specific Assessment. Paragraph Any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of these Design Guidelines may be excluded by the Board or the ACC from the Properties (SLR), subject to the notice and hearing procedures contained in the By-Laws. Paragraph 9.8. Approved on this 25 th day of July, 2013 by the SLR Property Owner Board President SLR Board

EXCERPTS FROM SERAFINA GOVERNING DOCUMENTS

EXCERPTS FROM SERAFINA GOVERNING DOCUMENTS The Governing Documents shall mean and refer to the Declaration, Articles of Incorporation, By-laws and rules, regulations and resolutions of the Association.