SSCA ARB POLICIES AND PROCEDURES GUIDELINES BACKGROUND Development within the community of Southern Shores has, since its inception by Kitty Hawk Land Company in 1947, been subject to an architectural review process. This has ensured that all new and modified construction complied with stated restrictive coven- ants and furthered the goal of sound community growth and preservation of individual property values. Initially, the covenants were recorded in the text of individual deeds. As new sections of the community were opened to development, expanded covenants were formulated to apply to entire blocks or groups of lots within blocks. In 1976, Kitty Hawk Land Company transferred the control of Southern Shores development to the Southern Shores Civic Association (SSCA) with enforcement rights for restrictive covenants formally granted to the Architectural Review Board (ARB) via the 2011 SSCA Bylaws: To establish an Architectural Review Board to control and maintain the character of building in the Town of Southern Shores, except for the subdivisions of Chicahauk, Pelican Watch, Ginguite Woods, Fairway Drive (Lots 1-20), Southern Shores Landing and Mallard Cove (the 'Excluded Properties'). PHILOSOPHY: The purpose of an architectural review process is to preserve the character of the community and the integrity of the environment; to ensure compliance with the relevant restrictive covenants, to protect property values, and to foster a shared sense of commitment to maintaining and improving the community s high standard of building design and physical appearance. The ARB seeks that each building site development in a manner as consistent with the original topography of the site as possible and in harmony with the surrounding neighborhood. The ARB review process considers among other things, a home's location, design size, proportion, materials, color and fencing in relation to both its site and to neighboring structures. While in no way attempting to dictate design or style, the ARB is nevertheless tasked with balancing the rights and expectations of property owners with the aesthetic concerns of their neighborhoods and the community. ARCHITECTURAL REVIEW BOARD (ARB): MEMBERSHIP The ARB shall consist of five (5) members and each to serve for a term of (3) years and one (1) alternate member. No member shall serve more than two (2) consecutive terms. One voting member must be on the SSCA Board. The SSCA Board with prior approval of ARB shall fill all vacancies as they occur. Following a vacancy in the chairperson s position, the ARB, at its first meeting after a replacement member has been appointed, shall by majority vote, appoint a new chairperson and assistant chairperson, as necessary. If a member fails to perform or attend meetings their duties, the ARB may recommend their removal from the ARB to the SSCA Board. The alternate's term does not officially begin until they become a voting/full-time member. 1
a. Chairperson Support assignments of other ARB members as required and reflect the decisions of the SSC Board. Interact with the SSCA Board of Directors, the Town Code Enforcement Administrators, the Town Manager, or others as required to ensure proper operations of the ARB. Prepare and sign a letter for each applicant advising approval or rejection. Affix a stamp of approval upon submission approval, return one copy with the letter to the applicant, and retain one copy for the SSCA files. Be available to interact with any person seeking advice or information from the ARB or those having an architectural or covenant related grievance or concern. b. Assistant Chairperson - Holds another position with ARB Act as Chair in the absence of the chairperson, and be able to fulfill the duties of any other member who is unable to act on his own behalf (at some particular time.) Accompany Chair to meetings with legal counsel or Town Manager. Act as liaison to the SSCA Board of Directors. Assume the position of Chairperson when it becomes vacant. c. Recording Secretary Take notes of actions discussed and decisions made during ARB meetings. Prepare a typed report of these minutes and distribute them after approval to designated SSCA and Town personnel. Maintain a current file of these minutes and lot disturbance inspection schedule. They are to ensure that the SSCA keeps a historical file for record purposes and use in the event of any challenge of our actions. d. Meeting Coordinator Prior to schedule ARB meeting coordinator will review submissions to be discussed and insure they are in order with complete details needed for review, including correct Block number. They will contact builder/owner to obtain any missing information. During the meeting the coordinator will present a summary of the application to the ARB. They will also coordinate with the permit liaison when work is being done that does not require a Town permit (under $5,000) and decide if ARB approval is required. e. Contract Liaison Before each ARB meeting, review the list of permits issued the previous week by the Town s Code Enforcement Office to ensure that the ARB has received applications from contractors or property owners which require our approval. Contact contractors or property owners who are proceeding without our approval and arrange for the necessary material to be delivered to the SSCA office. Report findings to Board at each meeting. Maintain and update a spread sheet list of applications approved by the Board after each of our meetings. f. Covenants Coordinator Responsible to check all applications for compliance with the covenants of the specific block or lot. Be knowledgeable about all covenants. Alert other ARB members to covenant restrictions which might prohibit application approval. Maintain the books of covenants, obtaining those we do not possess when necessary. g. Alternate Understudy all of the above assignments; learn to handle all of them. Be prepared to substitute for a regular member in the event of absence when requested to do so by the Chair or Assistant Chair. 2
ADMINISTRATION Meetings will be held on the 2nd and 4th Tuesday of each month or more frequently if necessary. Applications submitted by 12 noon on the preceding Friday will be considered and/or reviewed. The application may be deferred for more information/detail to be reviewed at the next meeting. A minimum of three (3) members must be present to review and make a decision at ARB meetings. ARB Board members need not have architectural experience, but they must be able to review and understand building plans and drawings. They must also be committed to enforcement of the applicable covenants and to a sound community development process. All members of the Architectural Review Board must be able to put aside individual biases and preferences in making their decisions and must have a clear understanding of what may or may not be ramified in their considerations. The governing covenant for each particular piece of property must be carefully read and any questions about the possible interpretation of specific sections must be discussed and resolved before a decision is made. All member of the ARB should have a basic familiarity with the books of covenants maintained in the SSCA office and attend scheduled lot disturbances PROCEDURES The ARB review procedure exists is to assure that any new home, addition, or structure is consistent with the overall ambiance of the neighborhood and the requirements of the applicable covenants. Submission of an application is needed prior to lot clearing and/or filling of any site. Proper completion of the Application for Deed and Covenants Restriction Approval (Attach #1) is essential to starting the review and approval process. Action requiring submission of plans to the ARB includes: a. New home construction. b. Alteration to the exterior structure affecting the footprint of the structure on the property, including the addition of rooms, porches, deck, pools, fences and outbuildings. Demolition, bulkhead, docks and boat lifts DO NOT require ARB review. The homeowner may schedule a pre-submission conference at the close of any regularly scheduled ARB meeting to discuss any questions about a proposed construction. They may be submitted a rough form plan for a general review, with the understanding that a complete submission must subsequently be reviewed and approved before construction may begin. Submission requires one (1) set of the following information for ARB review of proposed construction of or addition to existing structures on that lot: a. A completed "Application for Deed & Covenant Restriction Application, including a brief description of work. b. Registered engineer site plat or survey and blueprints showing elevation of all structures; including all rooms, pool and square footage etc. Drawings may be just line drawings for some minor additions, but new home plans require complete engineered and stamped final design and construction documents. 3
c. A general listing of materials and colors to be used for the exterior, roof and exterior treatments, including detached structures. The ARB must consider that architectural standards are always changing, and strive for improvement. Structures, which may have been acceptable in the past, may no longer be so, and their presence within the block under consideration does not constrain the ARB to approve construction of a similar structure. The consideration of aesthetic suitability of a structure is within the mandate of ARB review. Although there are no requirements for a particular style of architecture, the construction should harmonize with the neighborhood and its sites. For example, whereas a log house may be suitable for wooded areas, if constructed on an oceanfront lot, it would look entirely out of place. Additionally, construction designed in a whimsical or thematic style or to make a confrontational statement is generally unacceptable Although all covenants do not include vegetative restrictions, the ARB encourages restraint in the removal of trees and other vegetation. Replanting of vegetation, especially varieties with low water, fertilizer and pesticide usage, is highly recommended. Maintenance of a vegetated buffer strip along property borders is always desirable, especially along SSCA properties that adjoin private properties. All ARB decisions are to be conveyed to the submitting owner/builder in writing immediately following the review meeting. Once an application is approved, one set of the plans will be stamped and signed by the ARB Chairman and returned to the homeowner with the approval letter. The other set will be retained by the ARB for future reference. The reason(s) for any disapproval must be specified in the letter. a. If a submission is not approved for a minor reason which can be corrected quickly, the chairman may grant approval when the error/clarification is resolved as long as a quorum of the members agrees. b. If a proposed structure is disapproved for aesthetic reasons, the ARB should provide the owner with specific reasons for the disapproval. Although it is not the responsibility of the ARB to design houses, the ARB is willing to arrange a meeting with the owner to discuss what, if any, changes would make the proposed structure acceptable. c. In the event of an adverse decision which cannot be resolved by discussion with the ARB, the applicant must reapply or appeal the decision to the SSCA Board, usually within 30 days of the date of the ARB letter to the applicant. Failure of applicants to respond to the ARB's request for additional information and proper submission of an application for the ARB to assess compliance with the covenants can be referred to legal counsel for follow-up action. Prior to filing suit against an applicant for failure to respond, the ARB will make every effort to mitigate the non-compliant action with the homeowner/builder, considering the ramifications of a lawsuit. The ARB will present recommendations to the SSCA Board for its approval to seek formal legal action. 4
Although the ARB s function is to review and approve or disapprove submissions, ultimate responsibility for legal enforcement of the covenants is the duty of the SSCA Board of Directors. It is vitally important, therefore, that there be open and timely communications between the two bodies at all times, and that all problems or potential problems be communicated to the SSCA Board in an expeditious manner. The ARB does not enforce Town ordinances; as this is the responsibility of the Building Inspector. If a possible Building Code or ordinance is noted, it is recommended that the homeowner be advised to consult with the Building Inspector. A copy of the letter will be sent to the Building Inspector. The ARB should keep a copy of all submittals (e.g., copies of the building plans, survey plat, and Town Residential Building permit) and approval/disapproval letter for a period of no longer than 2 years or no more than 3 months after the Building Inspector has issued a Certificate of Occupancy. The ARB Chairman or a designated ARB member will be responsible for periodic review of the files. 5