ACC APPLICATION Lot/Unit Number: Lot Address: Owner s Name: Properties purchased within the last six (6) months require a proof of ownership. Mailing Address: email Address: Home Phone: Cell: Work: Contractor s Name: E-Mail: Contractor s Mailing Address: Contractor s Phone: Items to Be Submitted: Application for construction Signed construction agreement Site plan* Welding and fire safety review Narrative describing the guest house Photo/depiction of guest house* Architectural plans showing elevations/square footage, etc. I hereby request that the Architectural Control Committee approve construction as specified in this application. The ACC has 30 days to review applications. I acknowledge that construction may not commence until the application has been approved. Signature of Owner: Date: *** For ACC Use Only *** Date Received: Date Complete: Assigned To: River Chase ACC Application Fence - June, 2015 Page 1 of 9
ACC Construction Agreement Attention River Chase Property Owners and Builders: Please review and maintain the following standards during the construction process. All applications are to be submitted to the ACC at ACC@riverchasepoa.org, see application form for details. The ACC has 30 days to review applications. In order to protect the beauty of our community and respect the rights of residents already living in River Chase, the following standards have been developed. We request that the property owners review this material with builders and that these standards be followed at all times. Everyone, including Builders, building in River Chase is required to adhere to these standards. 1. One set of detailed house plans to include all four elevations (or plans for any other structure) and one site plan shall be submitted to the Architectural Control Committee for review, along with an ACC application form, construction agreement form, and a welding/fire safety form all signed by the property owner, (ALL documents should be scanned and emailed for documentation purposes, no paper documents will be accepted). Please see the ACC application form for specific application requirements. Construction without prior ACC approval violates Article IV, section 4.01 of the River Chase restrictive covenants. Commencement of construction is defined as the time at which forms for a slab are beginning to be set. A temporary restraining order may be placed on your property if construction without approval continues. You will be liable for any costs resulting from this enforcement action. 2. The ACC will request that any construction with a foundation of 400 square feet, or greater, have the foundation forms surveyed, and that the survey be approved by the ACC prior to concrete pour. Failure to have the forms survey approved by the Committee prior to pouring the slab may result in penalties. If an encroachment into required setbacks is later found, the Committee reserves the right to refuse any variance and seek legal sanctions. Any significant change in the location of a foundation is considered to be a failure to construct according to approved plans. A revised site plan must be approved prior to concrete pour. 3. The Builder must provide workers with a port-o-potty on each worksite upon commencement of and during any stage of construction. Failure to provide such facilities violates Sanitation Chapter 341 of the Texas State Health and Safety Code and will be reported to the Comal County District Attorney s Office. Non-compliance with this State Health and Safety code is considered to be an offensive activity under Article III, Section 3.14 of the River Chase Restrictive Covenants and fines may be enforced. 4. The Builder should provide the workers with an access to electricity and water. Tapping into a neighbor s water supply or electricity is not permitted. 5. A commercial dumpster must be placed on the site when framing begins. This is to be used for all construction waste generated. Trash, garbage and other waste accumulated at the construction site is in violation of the Sanitation Chapter 341 of State Health and Safety Code. Further, it is considered to be an offensive activity under Article III, Section 3.15 of the River Chase Restrictive Covenants and fines may be enforced. 6. The streets must be kept clean and free from trash, rocks, gravel, cement and building materials at all times. No topsoil or any other material is to be dumped on streets. Pallets should not be left on the job site. 7. Construction materials must be kept off surrounding properties. Driving across or parking on any surrounding property without written approval of that property owner is prohibited. 8. No excessive noise, such as loud or offensive music, is allowed at any construction site. In consideration of the residents living in the community, the usage of heavy or noisy equipment should be limited to the absolute minimum outside daylight working hours. 9. No signs of any type may be attached to trees. One Builder s Sign or Model Home Sign if appropriate, not larger than 4 x 4 and not taller than 6 from ground level, will be permitted on a property during active construction, provided that it is pre-approved by the ACC. The approved sign may not be placed on site until construction plans for a primary residence have been approved for that site. The above mentioned sign must be removed from the property no later than thirty (30) days after the date of occupation of the premises as a residence. Subcontractor s signs are never allowed and may be removed from the construction site without further notice. Failure to adhere to these guidelines constitutes violation of Article III; Section 3.18 of the River Chase Restrictive Covenants and fines may be enforced. Your cooperation in maintaining these standards during construction is very much appreciated. River Chase Property Owners Association This form must be signed by the property owner and submitted with an ACC application form and the detailed plans for construction. I,, have read the above requirements and agree to adhere to the above stated standards (Property owner s name) during any construction on my property. (Signature of Property Owner) Lot # Date River Chase ACC Application Fence - June, 2015 Page 2 of 9
Recommended Fire Safe Practices For The Use of Cutting/Welding Equipment 1. Do not utilize cutting/welding equipment during red flag days or when a red flag condition is predicted. 2. Do not utilize cutting/welding equipment while BURN BANS are in effect unless the following conditions are satisfied: There is an adequate water supply to the work area. A working water hose that reaches the work area. A pressurized water extinguisher (5 gallon minimum). The water supply/extinguisher is at the work area and fully functioning during all cutting/welding operations. 3. Ordinary combustibles (dead grass, leaves, etc.) within 35 of the work area have been removed. If this is not possible, the following precautions shall be met: The work area is thoroughly wetted immediately prior to cutting/welding operations, and A non-combustible tarp is placed over the combustible material prior to cutting/welding operations, and An on-scene fire watch is implemented by the contractor/contractor s representative that lasts for a minimum of 30 minutes after the completion of all cutting/welding operations. 4. Upon completion of the day s activities fire watch included all work surfaces shall be inspected, visually and by touch, to ensure that they pose no fire danger. You may be held civilly and/or criminally liable for any fires that start as a result of accident or negligence during or immediately after your cutting/welding operations. You can reduce the risk of wildfire by following safety practices like those listed above. However, following these practices does not, and should not be construed as doing so, releasing you from potential civil or criminal liability that may result from a fire you start. Thank you for your consideration of the environment. The River Chase Safety Committee This form must be signed by the property owner and submitted with an ACC application form and the detailed plans for construction. I,, have read the above requirements and agree to adhere to the above stated standards (Property owner s name) during any construction on my property. (Signature of Property Owner) Lot # Date River Chase ACC Application Fence - June, 2015 Page 3 of 9
NARRATIVE DESCRIPTION Please insert narrative describing guest house; this should be a statement of what you are intending to do. Please describe guest house, materials being used, design, color, where guest house is being placed, elevations, etc River Chase ACC Application Fence - June, 2015 Page 4 of 9
SITE PLAN Please insert Site plan behind this sheet. It must show placement of the guest house in relation to setbacks, property lines, house and other structures. River Chase ACC Application Fence - June, 2015 Page 5 of 9
PHOTO/DEPICTION Please provide a photo or rendering of the guest house. River Chase ACC Application Fence - June, 2015 Page 6 of 9
DCCR REFERENCES The DCCR references below are a general representation of the current DCCR s. These are not all the DCCR s, as each unit has specific amendments that should be reviewed by each property owner before construction. It is the owner s responsibility to ensure that they have conformed to specific regulations to ensure a prompt response and approval from the ACC committee. Section 2.02 Easements. Developer reserves for public use the utility easements shown on the Plat or that have been or hereafter may be created by separate instrument recorded in the Official Public Records of Comal County, Texas, for the purpose of constructing, maintaining and repairing a system or systems of electric lighting, electric power, telegraph and telephone line or lines, storm surface drainage, cable television, or any other utility the Developer sees fit to install in, across and/or under the Property. All utility easements in the Subdivision may be used for the construction of drainage swales in order to provide for improved surface drainage of the Reserves, Common Area and/or Tracts. Should any utility company furnishing a service covered by the general easement herein provided or provided on the plat request a specific easement within the general easement area by separate recordable document, Developer, without the joinder of any other Owner, shall have the right to grant such easement on said Property without conflicting with the terms hereof. Any utility company serving the Subdivision shall have the right to enter upon any utility easement for the purpose of installation, repair and maintenance of their respective facilities. Neither Developer nor any utility company, political subdivision or other authorized entity using the easements herein referred to shall be liable for any damages done by them or their assigns, agents, employees, or servants, to fences, shrubbery, trees and laws or any other Property of the Owner on the Property covered by said easements. Section 2.04 Utility Easements (a) Utility ground and aerial easements have been dedicated in accordance with the Plat and by separate recorded easement documents. (b) No building shall be located over, under, upon or across any portion of any utility easement. The Owner of each Tract shall have the right to construct, keep and maintain concrete drives, fences, and similar improvements across any utility easement, and shall be entitled to cross such easements at all times for purposes of gaining access to and from such Tracts, provided, however, any concrete drive, fence or similar improvement placed upon such Utility Easement by the Owner shall be constructed, maintained and used at Owner's risk and, as such, the Owner of each Tract subject to said Utility Easements shall be responsible for (i) any and all repairs to the concrete drives, fences and similar improvements which cross or are located upon such Utility Easements and (ii) repairing any damage to said improvements caused by the Utility District or any public utility in the course of installing, operating, maintaining, repairing, or removing its facilities located within the Utility Easements. Section 3.01 Single Family Residential Construction. Except as provided below, no building shall be erected, altered, placed or permitted to remain on any Tract other than one dwelling unit per each Tract to be used for single family residential purposes. River Chase ACC Application Fence - June, 2015 Page 7 of 9
One guest/ servants house may be built provided said guest/ servants house contains no less than five hundred (500) square feet, no more that one thousand (1000) square feet, is built after or while the main dwelling is being built and has prior approval of the Architectural Control Committee. All residences must have a garage. Detached garages and workshops may not be constructed on the property prior to the main dwelling being built. Barns and/ or storage buildings may be constructed on the property prior to the main dwelling being built provided they are approved in writing by the Architectural Control Committee prior to being erected, altered or placed on the property and are placed on the rear half of the property, out of view of any road, and behind the intended dwelling site. All structures must be approved in writing by the Architectural Control Committee prior to being erected, altered or placed on the Property. The term dwelling does not include either double wide or manufactured homes, or single mobile homes, or prefab houses regardless of whether the same are placed upon permanent foundation, and said homes are not permitted within the Subdivision. All dwellings must have at least one thousand eight hundred (1800) square feet of living area for one story homes and two thousand (2000) square feet of living area for two story homes, with at least one thousand (1000) square feet on the ground floor, excluding porches, and be built with new construction material. Any building, structure or improvement commenced on any tract shall be completed as to the exterior finish and appearance within six (6) months from the commencement date. All garages, including detached garages, will be of the same general construction as the main dwelling and located on the tract according to the Committee approved building site plan and shall be suitable for not less than two (2) automobiles. All garages must be side or rear entry. No carports shall be allowed. Section 3.03 Location of the Improvements upon the Tract. The setbacks below are from Unit 3 and only pertain to that unit, please refer to the DCCR s and your specific unit s amendments to ensure proper setbacks. Non-compliance will result in a denial of application. No building of any kind shall be located on any tract nearer than forty feet (40') to the side Property line, no nearer than seventy-five feet (75') to the front Property line and no nearer than seventy-five feet (75') to the rear Property line, provided however, as to any tract, the Architectural Control Committee may waive or alter any such setback line, if the Architectural Control Committee in the exercise of the Architectural Control Committee's sole discretion, such waiver, or alteration is necessary to permit effective utilization of a tract. Any such waiver or alteration must be in writing and recorded in the Official Public Records of Comal County, Texas. All dwellings placed on Subject Property must be equipped with Class I Aerobic Septic tank system that meet all applicable laws, rules, standards and specifications, and all such River Chase ACC Application Fence - June, 2015 Page 8 of 9
dwellings must be served with water and electricity. Section 3.05 Repair of Buildings. All improvements upon any of the Property shall at all times be kept in good condition and repair and adequately painted or otherwise maintained by the Owner thereof. Section 3.06 Alteration or Removal of Improvements. Any construction, other than normal maintenance, which alters the exterior appearance of any improvement, or the removal of any improvement, shall be performed only with the prior written approval of the Architectural Control Committee. Section 3.07 Roofing Materials. The roof surface of all principal and secondary structures including garages and domestic living quarters shall be of slate, stone, concrete tile, clay tile, or other tile of a ceramic nature, composition shingles with a twenty-five (25) year or more warranty; or they may be metal, left natural or painted a color approved by the Architectural Control Committee, using standing or battened seams. The Architectural Control Committee shall have the authority and sole discretion to approve other roof treatments and materials if the form utilized will be harmonious with the surrounding homes and subdivision as a whole. Section 3.08 Construction in Place. All dwellings constructed on the Property shall be built in place on the applicable Lot. The use of prefabricated materials for any improvements, including but not limited to fences, shall be allowed only with the prior written approval of the Architectural Control Committee. Section 3.09 Color. All exterior color schemes on any structure must be approved by the Architectural Control Committee prior to use. Section 3.21 Drainage. Natural established drainage patterns of streets, tracts or roadway ditches will not be impaired by any person or persons. Driveway culverts must be installed and will be of sufficient size to afford proper drainage of ditches without backing water up into ditch or diverting flow. Drainage culvert installation is subject to the inspection and approval of the Architectural Control Committee and to County requirements. Section 4.01 Basic Control. (a) No building or other improvements of any character shall be erected or placed, or the erection or placing thereof commenced or changes made in the design or exterior appearance thereof (excluding without limitation, any staining, painting or siding), or any addition or exterior alteration made after original by construction, or demolition or destruction by voluntary action made thereto after originally constructed, on any tract in the Subdivision until obtaining of the necessary approval (as hereinafter provided) from the Committee of the construction plans and specification for the construction or alteration of such improvements or demolition or destruction of existing improvements by voluntary action. Approval shall be granted or withheld based on matters of compliance with the provisions of this instrument. River Chase ACC Application Fence - June, 2015 Page 9 of 9