Cedar Valley Homeowners Association (Seneca Crossing, Section I) Rules, Regulations, And Architectural Guidelines June 1999 Revised August 2012
Table of Contents CEDAR VALLEY HOMEOWNERS ASSOCIATION 1 TABLE OF CONTENTS 2 I. INTRODUCTION 4 II. ARCHITECTURAL MANAGEMENT 4 Board Of Directors 4 Covenant Committee 4 Goal 4 Membership 5 Voting Requirement 5 Meetings 5 III. EXTERIOR ALTERATION REQUEST REVIEW PROCESS 5 Application 5 Neighbor Notification 5 Voting 6 Home-owner Notification 6 Approved Exterior Alteration Requirements 6 Denied Exterior Alteration Options 6 Unapproved Changes 7 Grandfather Waiver Clause 7 Certificate of Compliance 8 IV. ENFORCEMENT 8 V. EXTERIOR ALTERATION GUIDELINES 9 Additions 9 Air Conditioners 9 Animals 9 Antennas 9 Awnings And Sun Trellises 10 Basketball Goals 10 Boats/Trainers/Trucks/RVS/Vehicle Repairs 10 Clotheslines 11 Decks 11 Dog Houses 11 Driveways 12 Edging 12 Fences And Hedges 12 Firewood 12 Garage Doors 12 Grills And Fireplaces 13 Hot Tubs/Spas 13 Landscaping And Lawns 13 Lawn Furniture 13 Lawn Ornaments 13 Revised August 2012 2
Lighting 14 Mailboxes 15 Maintenance 15 Painting And Staining 15 Patios 15 Play Equipment 15 Safety Railings 16 Security Doors and Windows 16 Sheds 16 Signs 17 Skylights 17 Storage 17 Storm Doors 17 Swimming Pools 17 A. Checklist for Pool Applications: 17 B. General Guidelines for all Pools: 18 C. In Ground Pools: 19 D. Above Ground Pools: 19 E. Pool Houses 19 Tenants 19 Trash and Recycling 20 Vegetable Gardens 20 Walkways, Stoops, and Porches 20 A. Walkways 20 1. Front Walkway 20 2. Side Walkway 20 3. Back Walkway 20 B. Porches and Front Steps 21 Water Features 21 Windows 21 Window Boxes 21 Window Treatments 21 Appendix A Architectural Change Request Form 22 Appendix B Approved Fence Types 26 Appendix C Approved Safety Railing Design 27 Appendix D Approved Garage Door Styles 28 Revised August 2012 3
I. Introduction To ensure that Cedar Valley will always be an attractive and desirable place to live, architectural standards must be maintained. These standards are outlined in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) of Seneca Crossing I (Cedar Valley), which is recorded among the County land records and is incorporated into the deed for each lot within Cedar Valley. Homeowners are provided with copies of the CC&Rs, Bylaws and Rules and Regulations of Cedar Valley (the Governing Documents) upon the purchase of their property. Applying architectural standards at Cedar Valley benefits all residents and all residents share the responsibility to comply with, support, and contribute to them. These guidelines are not intended to constrain the pride individual Homeowners have in their property, nor are they meant to unnecessarily restrict creative efforts to enhance the appearance of that property. The sole purpose of these guidelines is to protect each Homeowner s investment and to endeavor to ensure that all members of our community can take pride in living at Cedar Valley. This guidance document is a supplement to the CC&Rs. Its purpose is twofold. First, it presents the rules and regulations in an easy to understand format. Second, it provides specific guidance concerning the procedures and restrictions that are expressed but not clearly defined in the CC&Rs. It is recommended that every Homeowner read the CC&Rs and these guidelines for a full understanding of the rules, processes, and restrictions that apply to our community. Like the CC&Rs, this document is intended to be a part of each Homeowner s permanent records. II. Architectural Management The CC&Rs established the Board of Directors (BOD) and the Architectural and Covenant Committee (Covenant Committee) to manage and regulate the Cedar Valley community. This section of the Guidelines outlines the roles, responsibilities, and processes of these bodies. Board of Directors The BOD conducts the business of the Homeowner association. Board members are elected during the association s annual meeting in the beginning of the year. The BOD appoints members of the Cedar Valley community to serve on the Covenant Committee, as positions become available. Covenant Committee The Covenant Committee is established under Article V of the CC&Rs. Section 5.04 of Article V of the CC&Rs tasks the Covenant Committee with establishing rules and guidelines that govern the review and approval of exterior alterations to the lots within the Association. Goal The Covenant Committee strives to review objectively all proposed exterior alterations in our community. Architectural Covenant Committee acceptance or denial of requests is based on the Association s Governing Documents, which include these guidelines. The Governing Documents reflect the community s desire to maintain property values and provide a consistent exterior appearance for the lots while allowing individual expression of the Homeowners. Revised August 2012 4
Membership Covenant Committee membership consists of a minimum of three and maximum of ten voting members. Covenant Committee members are Homeowners that are current in their financial obligations to the Association and that maintain their lots in compliance with the Association s Governing Documents. Committee members serve voluntarily at the discretion of the BOD. Covenant Committee members must attend three out of six consecutive meetings to remain on the Committee. A chairperson is elected annually by majority vote by committee members to coordinate the Committee s efforts with the Association s management company and the BOD. A vice-chairperson is elected by majority vote by Committee members to act as Committee secretary and fill the role of chairperson when the elected chairperson is unavailable. In the event the Covenant Committee has not selected a chairperson, the BOD can assign an acting chairperson. Voting Requirement Attendance of at least three (3) Covenant Committee members constitutes a quorum. Meetings The Covenant Committee meets on a monthly basis to review and vote on exterior alteration requests and to conduct other Committee business. In the event that a quorum is not obtained at a standing monthly meeting, the chairperson can call an additional meeting for that month to review exterior alteration requests. Meetings are open to the owners of lots in Cedar Valley; however, voting on applications that relate to a cited violation of the Governing Documents is held in closed session. For information concerning date, location, and time of the Covenant Committee standing meetings, Homeowners should contact the Association s management company. III. Exterior Alteration Request Review Process Application Prior to beginning ANY exterior change or construction on any lot within Cedar Valley, each Homeowner shall submit an application for the addition, alteration, or improvement to his/her lot in writing to the Covenant Committee using the approved Architectural Change Request Form (See Appendix A). All request forms must be transmitted by certified mail, return receipt requested or via handdelivery to the Management Company. The Management Company will review the request form to determine if it constitutes a complete application. Only complete applications will be considered by the Covenant Committee. Incomplete applications will be returned to the Homeowners for the required information. The Covenant Committee has sixty (60) days to review a complete application. If an application is returned to the Homeowner for any reason, the sixty (60) day review period will begin upon the receipt of the revised application. Oral requests will not be considered. Neighbor Notification The Covenant Committee may request neighbor/other Homeowner notification of any proposed exterior alteration. Neighbors and other community members are encouraged to provide their opinions concerning any proposed exterior alteration changes in writing to the Covenant Committee through the Association s Revised August 2012 5
management company. To ensure that any opinion concerning a proposed exterior alteration is considered by the Covenant Committee during the application review period, neighbors should provide their opinions as soon as they are notified of the proposed alteration. Neighbor agreement to a proposed exterior alteration request does not guarantee Architectural Covenant Committee acceptance. Additionally, neighbor disagreement of a proposed exterior alteration request does not preclude the Covenant Committee from approving the request. The Covenant Committee views neighbor and other Homeowner s input as one of many factors for consideration in reviewing exterior alteration requests. Voting The Covenant Committee meets monthly to review and vote upon exterior alteration requests submitted by the Homeowners. A request is approved or denied by majority vote of a quorum of Covenant Committee members present at any Committee meeting. Decisions of the Covenant Committee are based upon the Association s Governing Documents. For unusual circumstances, exceptions to these guidelines may be made to accommodate unusual lot configurations, new technology, or other relevant factors. Homeowner Notification The Association s management company will notify the Homeowner in writing as to the Covenant Committee s decision on their request for an exterior modification. This written reply will consist of a copy of the application/request form that bears a mark of approval or disapproval, along with an explanation of any restrictions or conditions that apply to the approval, or an explanation as to why the request was denied. Approved Exterior Alteration Requirements If a request is approved, the Homeowner may immediately begin to implement the exterior alteration. The work on the exterior alteration must begin within 6 months and be completed within 12 months of the approval date. If the project is not begun or completed within these time frames, the approval is deemed to expire and the Homeowner must reapply for the exterior alteration before any work is commenced. If a Homeowner commences work on an exterior alteration without the prior written approval of the Covenants Committee, the Homeowner is solely responsible for any and all costs and expenses (including the Association s reasonable attorney fees) of restoring the lot to its original condition. Approval of any exterior alteration is not to be construed as approval of the structural integrity or feasibility of the proposed alteration, nor does it relieve the Homeowner from acquiring the necessary permits and approvals from County or State agencies. The Covenants Committee reserves the right to revoke any approval of an exterior alteration if the alteration changes the existing drainage patterns in that area of the Association or causes runoff onto common areas, adjacent lots, or streets. Homeowners are responsible for any drainage or runoff damage caused by any exterior alteration to their lot. Denied Exterior Alteration Options The decisions of the Covenant Committee are considered final; however, any decision made by the Covenant Committee may be re-reviewed by the Covenant Committee or appealed to the BOD. The Homeowner may resubmit their request Revised August 2012 6
to the Covenant Committee to reconsider the prior decision of the Committee if the Home-owner demonstrated that they have new relevant information for consideration by the Committee. If the Home-owner is unable to demonstrate that they have new relevant information to submit to the Committee for reconsideration, the Committee or the Home-owner may forward the appeal of the Covenant Committee s decision to the BOD in writing, via the Association s management company. All appeal requests or requests for reconsideration must be received by the Association s management company within 14 days of the date on the notification letter issued by the Covenant Committee which advised the Homeowner of the Committee s decision on their application/request. Any appeal to the BOD must include the reasons the Homeowner believes that the Committee s decision on their application/request is inconsistent with these Guidelines and the Association s Governing Documents. The appellant, neighbors, and other community members who have a registered complaint concerning an application/request will be notified in writing of any hearing before the Board or Committee on the appeal or request for reconsideration. According to Section 5.04 of Article V of the Association s CC&Rs, a vote of two-thirds of the BOD is required to overturn, modify or rescind a Covenant Committee decision. Unapproved Changes Homeowners will receive written notification of a violation if the Homeowner implemented an exterior alteration prior to obtaining permission from the Covenant Committee, or has repeatedly violated any provision of the Association s Governing Documents. This letter will state the nature of the violation and provide a date by which the Homeowner must either (1) bring their property back into compliance with the Association s Governing Documents or (2) submit an application/request form for the exterior alteration. If, after review of the application/request, the Covenant Committee denies the application/request, the Homeowner must bring their lot into compliance with the Governing Documents by removing the unapproved exterior alteration. The Homeowner may (1) appeal the Covenant Committee s decision to the BOD, or (2) resubmit his/her application to the Covenant Committee with new, relevant information. Under these circumstances, a Homeowner can resubmit an application to the Covenant Committee for reconsideration of new material only once. Homeowners who have corrected a violation and brought their property into compliance must provide written notification of the correction to the Association s management company. Grandfather Waiver Clause There may be some alterations in existence that do not comply with these Guidelines, but which were previously applied for and approved by the Architectural Covenant Committee in accordance with the existing version of the Guidelines. In these cases, the Covenant Committee reserves the right to grant a temporary Grandfather Waiver for the alteration. This waiver shall last no longer than the current life of the alteration, and shall not extend to replacement of the alteration. This Grandfather Waiver does not extend to any exterior alterations that were not approved by the Covenants Committee through the requisite application/request process. Any exterior alteration applied for and approved prior to the distribution of these Guidelines that does not meet the requirements of these Guidelines must be maintained as approved, or the homeowner may apply to have the alteration made compliant to these latest Guidelines. Revised August 2012 7
Certificate of Compliance Upon request of the Homeowner, the Covenant Committee will issue a letter of compliance for any completed approved exterior alteration. IV. Enforcement It is the hope of the Covenant Committee and the BOD that members of the Cedar Valley community abide willingly to these guidelines and the Association s Governing Documents as a demonstration of mutual respect for their neighbors and the community as a whole. However, in the event that a Homeowner does not abide by these guidelines and the Association s Governing Documents, the Association is provided, through Article XI, Section 11.02 of the CC&Rs, the discretion to utilize numerous methods, including, but not limited to, legal action, to enforce these guidelines. If a Homeowner is found in violation of these guidelines or the Association s Governing Documents, the following process will be followed: 1. The Homeowner will be sent a letter from the Association s management company stating the nature of the violation and requesting the Homeowner to bring their property into compliance within 30 days of receipt of the letter. 2. If, after 30 days, the Homeowner has not brought their property into compliance, nor provided a reasonable explanation for the delay of bringing their property into compliance, the Association s management company shall provide the Homeowner with a second letter, sent certified mail and via first-class mail, with the following information: a. Identification of the violation; b. Enforcement options open to the BOD; and the c. Hearing date for review of the violation, to be scheduled no sooner than 30 days following the date of the second letter. 3. If the Homeowner s property is not brought into compliance by the hearing date, the BOD shall hold a hearing to review the violation and determine the enforcement options. Enforcement options open to the BOD include, but are not limited to: a. The imposition of monetary charges and/or the recordation of liens to secure payment of any and all accrued monetary charges assessed to the property, b. Removing or correcting the violation, of which the Homeowner shall be responsible for all costs; and/or c. Arbitration and legal enforcement. If the court or arbiter rules in favor of the Association, the Homeowner is legally obligated to pay the Association for all legal and any additional enforcement-related costs. The Covenant Committee reserves the right to inspect Homeowner property for compliance with architectural standards. The Association has the right, upon resolution of the BOD, to enter upon the owner s property and take steps to remove the violation. Any costs incurred by the Association for bringing a property into compliance may be assessed against the owner of the property, and a statement of the amount shall be rendered to the owner. The assessment is due upon receipt. This assessment may be secured by a lien on the lot, which lien shall remain against the title to the lot until removed by payment. Alternately, the BOD Revised August 2012 8
may opt to turn the matter over to legal counsel for resolution. In the event that a violation poses an immediate heath or safety risk to the residents of the Cedar Valley, the Board of Directors and the Covenants Committee may initiate the enforcement procedures by waiving the initial notice of violation; instead, the Association may immediately issue a final notice of violation letter in accordance with Paragraph 2 above. V. Exterior Alteration Guidelines All exterior alterations require an exterior alteration request/application that is approved in writing by the Covenant Committee. Below are the Guidelines for the Cedar Valley community. It is impossible to write the guidelines necessary to cover all possible exterior changes. The Covenant Committee will review on a case-by-case basis exterior alteration requests that are not covered by these Guidelines. Emphasis will be placed on proper scale, materials, and impact on neighboring properties. The Covenant Committee may exempt a Homeowner from these guidelines for unusual circumstances. In particular, exterior alteration requests for corner lots may be reviewed on a case-by-case basis. Please note that any exterior alteration approved on a neighboring lot does not relieve a homeowner from their obligation to obtain approval for a similar alteration to their lot from the Covenants Committee. Each application will be reviewed on its individual merits with consideration to the lot configuration, materials, design and impact upon adjacent lots. Please keep in mind that these guidelines are a supplement to the CC&Rs, and are intended to add clarification to the CC&Rs. If a restriction seemed clear enough as written in the CC&Rs, it might not be reiterated here. Homeowners are responsible to obtain all required regulatory permits and to contact Miss Utility prior to implementing any exterior alteration. Additions Additions, changes, or modifications to the exterior of the home or property require the approval of the Covenant Committee. All additions, changes, and modifications must match or be compatible with the existing materials and colors of the home as determined by the Covenant Committee. Air Conditioners Window air-conditioning units are strictly prohibited. Animals Breeding of animals on Homeowner s property is strictly prohibited. Pets shall be attended at all times and shall be registered, licensed, and inoculated as required by the law. Pets shall not be permitted on Common Areas unless accompanied by a responsible person and shall be carried or leashed. Pet owners are responsible for immediately cleaning up and disposing of any excrement deposited by their pets on Common Areas. Cedar Valley pet owners are also responsible for ensuring that pet waste on their lot does not create a nuisance or annoyance to neighboring lots. Antennas Owners must either obtain the prior approval of the Covenants Committee before erecting any satellite dish less than 39 inches in diameter on their lot or submit a notice of installation of any satellite dish less than 39 inches in diameter on their lot to the Covenants Committee. The Association acknowledges the right of an Revised August 2012 9
individual to receive video transmissions via direct broadcast service (DBS) and multipoint multichannel distribution (MMDS) pursuant to Federal law; however, the Association has an obligation to maintain aesthetic harmony throughout the community. Thus, the Covenant Committee wishes to blend these rights and obligations in a manner that is both respectful of individual rights and the interest of the entire community. The application or notice of installation must show the location of the dish. Every effort shall be made to locate the dish so that it is not seen from the street, and, if on the ground, installed as close to the home as possible. The Covenants Committee reserves the right to require any homeowner to install landscape screening to screen any dish from view. The Covenants Committee also reserves the right to require any owner who installs or seeks to install a dish in street view to demonstrate in writing that an acceptable quality signal is not available from a location on the lot that is screened from street view. Dishes and hardware shall be of a standard manufacturer color, such as gray, brown, and off white. No outside television aerial that is not used for reception of local broadcast signals or radio antenna for reception or transmission are allowed. Such antenna or aerials may only be erected or maintained entirely within the dwelling. Dishes greater than 39" in diameter are appreciated. Awnings and Sun Trellises Awnings, sun trellises, and/or wooden superstructures require approval by the Covenant Committee. A complete description and picture of the item must be submitted along with a plan showing location. Only rear yard installations will be considered for approval. Basketball Goals All basketball hoops and goals require approval by the Covenant Committee. Permanent and temporary basketball goals may be placed in the driveway if situated no further than half way down the driveway from the house. Temporary basketball goals must be properly weighted by filling the base with sand or similar material. No items may be placed on top of the base to add weight. Neighbor notification is required on the application. Basketball hoops and goals may not be attached to the home or garage. Boats/Trailers/Trucks/RVs/Vehicle Repairs Boats, buses, trailers, campers, RV s, inoperable vehicles, any vehicle without current registration, or any similar items may not be stored in the common areas, parking lots, driveways, or any portion of any lot for any time. Guests using a recreational vehicle may park in a Homeowner s driveway for up to two weeks. Major vehicle renovation or repair on any property within the community is prohibited. Commercial vehicles are defined as follows and may not be stored or parked in common areas, parking lots, driveways or any portion of any lot at any time: a) any vehicle in which the driver is ordinarily hired for transport, including, but not limited to, taxis, limousines, or buses; or b) any vehicle with uncovered exterior logos, signs, letters, numbers, advertising, or irregular and distinct coloring which creates the appearance of a commercial vehicle; or c) any unmarked vehicle with commercial paraphernalia or equipment attached, strapped, or affixed to the exterior of the vehicle, including, but not limited to, storage containers, racks, ladders, or pipes; or Revised August 2012 10
d) any unmarked vehicle with an excessive amount of commercial equipment or supplies within the interior of the vehicle which is in obvious plain view from another parking space or from the sidewalk, including, but not limited to, pesticide, paint buckets, propane tanks, cabling, uncovered or unsecured tools or other supplies; or e) any unmarked vehicle, which because of its irregular height, length, shape, or weight, is not a conventional passenger vehicle and is more suited for a commercial purpose; or f) any van designed for the transport of furniture, goods, equipment, animals or scheduled transportation. g) The strict prohibition against commercial vehicles shall not apply if the resident covers the commercial vehicle (or that portion of the vehicle which has commercial vehicle characteristics) at all times while parked within the community and the vehicle is then indistinguishable from a conventional passenger vehicle under cover; however, those commercial vehicles, which because of their irregular height, length, shape, weight, or exterior attachments, cannot be made to look indistinguishable from a conventional passenger vehicle under cover shall still be prohibited, regardless of whether the vehicle is covered. h) Police cars or other cars which are owned by or contain the logo of a County emergency service provider shall not be considered a commercial vehicle under this definition. Parking on the street must be in accordance with Montgomery County laws. Please refer to the County website www.montgomerycountymd.gov/311 for information. Clotheslines All clotheslines require approval by the Covenant Committee Clothesline will only be allowed in the rear yard, and all clothes-hanging devices must be stored out of sight when not in use. Outdoor airing or drying of clothes or bedding is permitted only in the rear yard, during daylight hours. Decks Decks require approval by the Covenant Committee. Decks and deck stairs must be in the back of the house and may not protrude from the side of the home. Materials allowed are wood, vinyl, and Trex or similar composite material. Wood decks must be stained or sealed. Sample stain color for wood decks, or color sample for Trex/composite materials should be included with the application for the deck. See Painting and Staining for additional information. Painting of decks is not allowed. Any lattice, sun shields, privacy fences, benches, and other decorative items incorporated into the deck or adjacent thereto must be outlined in the application and will be reviewed on a case by case basis. The square footage of any deck may not exceed 50% of the square footage of the back yard of the lot. The back yard shall be defined as the entire area from the rear foundation wall of the dwelling to the rear lot line. Dog Houses Doghouses are strictly prohibited. Revised August 2012 11
Driveways Any driveway extension, widening or rerouting requires approval by the Covenant Committee. Edging Edging requires approval by the Covenant Committee. All edging materials must be of a uniform color and style composed of finished materials (for example: flat cut slate rocks are allowed; loosely stacked rocks are not allowed). Plastic edging materials are not allowed, except that black landscape edging that is buried so as to be flush with the ground to separate mulch beds from turf will be permitted with an approved application. Edging must be of a color consistent with the house trim/brick or of a neutral/natural color. Fences and Hedges Fences, including hedges and other planted fencing, require approval by the Covenant Committee. All fences must be on the approved list for fences (Appendix B). No other styles will be considered. Pre-fabricated or pre-built fencing panel fences are prohibited. All approved fence styles may be constructed of wood. White vinyl fencing is permitted for picket style fences only. Vinyl or composite fences in a brown/tan or neutral color will be allowed for privacy style fences. Aluminum, chain link, and wrought iron fences are prohibited. Fencing may be stained. A sample stain color should be included in the application for the fence. See Painting and Staining for more information. Fencing shall be constructed on the property lines and enclose the backyard. Partial fencing on any lot is not allowed, unless installed in connection with a retaining wall and required by County Code. Fencing shall not be erected forward of the front building line of the house. Wire mesh, if used, must be on the inside of the fence. Stockade, chain link, or any type of wire fencing is strictly prohibited. Fencing must not interfere with the flow of drainage in swales or within surface drainage easements. Side fencing on corner lots will be considered on a caseby-case basis. Invisible dog fences require a completed application. Neighbor notification is required on all applications to install fencing materials. All adjoining lot owners must sign the application indicating they have been notified that the applicant is applying for a fence. Neighbor signatures on the application do not constitute consent for the installation or approval of the type of fence to be installed, but rather acknowledgement that a fence has been applied for. Firewood Firewood may be stored outside if stacked neatly on a platform directly behind the house. Firewood may not be stacked in the front of the house, side of the house, or on Common Areas. Any protective covering of firewood must be of neutral or natural color that blends with the surrounding environment. Garage Doors All replacement doors require approval by the Covenant Committee unless the new door is identical to the one being replaced. Replacement doors must be one of approved styles (see Appendix D) The doors of a two door garage must be identical in color and style. Two door garage must remain two door (no modification to make one door garage). Color must match existing color. Windows may only be on top. Window style must be square or half moon. Doors with no windows are also allowed. Revised August 2012 12
Grills and Fireplaces All permanent grills or fireplaces require approval by the Covenant Committee. Temporary (moveable) grills must be stored behind the house. Hot Tubs/Spas A hot tub or spa requires approval by the Covenant Committee. The application shall include the following information: 1. A site plan showing the location of the hot tub or spa and its relationship to existing structures, drainage, and property lines. Adequate drainage must be carefully evaluated for site selection approval. The Covenants Committee reserves the right to require any homeowner seeking to install a hot tub or spa to obtain a professional evaluation of the possible drainage impact of the alteration. 2. Dimensions, type and color of proposed materials. 3. Proposed screening and landscaping plan. Hot tubs and spas shall be located behind the house within 20 feet of the dwelling. Hot tubs and spas shall not protrude more than 3 feet above the adjacent ground or deck level. Hot tubs and spas shall be of a material that will blend with surrounding structures and must be screened from street view. A childproof cover is required. Landscaping and Lawns Construction, hardscaping, brickwork, stone work, edging, retaining walls, and similar structures, etc. require Covenant Committee approval. Homeowners are required to keep their lawns properly maintained. This includes regular mowing, watering, and fertilization/weed control. Mulch beds should be free of weeds, and mulch shall be replenished in the planting beds and around all trees at least one time per year. The grass, mulch, and trees in the area between the sidewalk and the road are part of the homeowners Lot and are to be maintained at the same standard as the rest of the lawn. Planting shrubs, trees, lawn, flowers (including freestanding flowerpots), etc. do not require Covenant Committee approval. The exception to this is the planting of hedges or rows of plants used to blockade or screen areas of the lot from the view of the street or adjacent lots. Please see Fences and Hedges. No tree, hedge, or landscape feature can be placed in a location where it will obstruct sight-lines for traffic on community streets, neither at the time of planting nor as the plants grow. Any proposal to pruning a hedge that would otherwise interfere with sight lines is not acceptable. No planting or structure is allowed which may interfere with any easement for the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard the direction or flow of any drainage channel. Lawn Furniture All lawn furniture not maintained on a deck or patio must be maintained in a manner that the furniture is screened from public view. Lawn furniture is not allowed to remain overnight within any front or side yard of any lot or in the common areas. Concrete benches not on a patio or deck are considered lawn ornaments, and must meet the guidelines listed under Lawn Ornaments. Lawn Ornaments Covenant Committee approval is required for any lawn ornament or statuary. The application must include a complete description of size, location on lot, materials, Revised August 2012 13
color and design. A drawing or picture should be included with the application. Front and side yard ornaments are: 1. Restricted to a total of 2 ornaments per lot, 2. To be of a color that is consistent with the house trim or of a neutral/natural color, 3. To be no larger than one foot in height, 4. To be inconspicuous from the curb or street, and 5. To be placed in the mulch beds or landscaped areas directly next to the house. Holiday lawn ornaments are allowed during holiday seasons. They may be installed one month prior to the holiday and must be removed one month after the holiday. Holiday lighting must follow the guidelines stated under Lighting. Ornaments placed in the rear of the house year-round: 1. Are restricted to a total of 6 ornaments per lot, 2. May not exceed two feet in height, 3. Must be of a color that is consistent with the house, or of a neutral/natural color. Plastic ornaments are not allowed. In addition to the above six ornaments, one birdbath may be in the rear yard. Single family birdhouses and small feeders (bird and squirrel) in the backyard are not restricted. However, large birdhouses, bird hotels, and large decorative feeders are considered lawn ornaments and require an application. Lighting Covenant Committee approval is required if it results in a change in style, shape, or color, or in the positioning, of existing lighting, or if additional light fixtures are to be installed. Covenant Committee approval is required for permanent exterior lighting and wiring, including walkway lighting. All fixtures are to be of similar color and style to the fixtures installed as part of the original construction of the home. Lampposts must have a single fixture and be no greater than 6 feet in height. Covenant Committee approval is not required if owners are replacing an existing light fixture with one identical in size, shape, and color to the old fixture. Temporary decorative holiday and festive lighting does not require approval. However, lighting shall be installed no earlier than 30 days prior to the holiday or function and must be removed within 30 days after the holiday or function. All exterior lighting will be installed so as not to shine on adjacent property or public space. Permanent walkway lighting must be an inconspicuous size and design. It should not be easily noticed from the curb during daylight. Only low-level lighting will be considered. This restriction does not apply to approved security or floodlights. Revised August 2012 14
Permanent party lights, fluorescent lights used outdoors, and large bug lights are prohibited. Mailboxes Mailboxes and posts must be similar in size, style and color as installed by the original builder of the home. All other mailboxes require an application to the Covenants Committee. Maintenance Each Homeowner is responsible for the maintenance of their property. This includes keeping everything in good order and repair and free of debris. It also includes seeding, watering and mowing lawns; pruning and cutting trees and shrubbery; and maintaining all painted and stained surfaces, turf fertilization and weed control. The strip between the sidewalk and street is considered part of the homeowner s yard and is to be maintained by the homeowner to the same community standard. NOTE: If a property is not properly maintained, the BOD, after written notice, may use the enforcement options discussed under Enforcement, to return the property to the standards of the community. Painting and Staining Repainting or staining trim, doors, shutters, decks, or fences a color different from the existing approved color requires Covenant Committee approval. If you are unsure whether the existing color on your home is approved by the Covenants Committee, please contact the Association s management company. Applications for staining new decks, fences, play equipment, etc. should include a stain sample. The only painted surfaces permitted will be the trim, doors and shutters installed by the builder. All other areas (decks, fences, sheds, play equipment, etc.) shall be stained rather than painted. Patios Construction of a patio requires Covenant Committee approval. Patios shall be no higher than 6 above the ground. Materials allowed are reinforced concrete, flagstone or brick. If brick or flagstone is used, a sturdy wooden barrier must surround the perimeter of the patio unless the brick is at ground level. The patio must not be located forward of the rear of the foundation wall and must not affect the drainage of an adjoining property. Any application for an enclosed patio must include the scale of the proposed enclosure and a list of the materials to be used in the patio enclosure. Wood patio structures are considered decks and must follow guidelines for deck construction. All patios require a 2 foot set-back from the property line. Patios may not be more than 50% of the square footage of the back yard. If a home has a deck and a patio, the total combined square footage may not exceed 75% of the back yard. The back yard shall be all area from the rear foundation wall of the dwelling to the rear lot line. Play Equipment All Permanent play equipment such as jungle gyms, standard and large swing sets, and playhouses require approval by the Covenant Committee. For Revised August 2012 15
basketball hoop guidelines See the separate section entitled Basketball Goals. All standard swing sets must be in the back yard and situated no closer than 5 feet from the linear boundary extending from the side of the house and no closer than 5 feet from the back boundary of the property. For corner lots, location will be reviewed on a case by case basis. Large play equipment (jungle gym structures) must meet the guidelines listed under Play Equipment. Permanent play equipment must be situated no closer than 5 feet from the linear boundary extending from the sides of the house into the backyard, and no closer than five feet to the back property line. Play sets must have a dark green or neutral colored tarp, if provided by the manufacturer. Decorative flags are not allowed. No rainbow or primary colors will be allowed. All play equipment (including temporary structures) must be maintained only within that portion of a lot that is screened from public view. Children s play and similar equipment is not allowed to remain overnight within any driveway, front yard of any lot, or in the common areas. All play equipment must be properly maintained and rust free. Safety Railings All safety railings require an application to the Association. Safety railings must be black and made of wrought iron, aluminum, or similar material. (Appendix C) Safety railings must be similar in design to the ones installed by the developer. Railings are to be black with flat tops; no spikes, picket points, scrolls or other ornate design is allowed. Railing support posts may have flat tops or mitered style with flat tops. If railing top does not terminate at support post, railing top shall be curved under for safety. Railings should be installed in concrete in the retaining wall, stairway, or other necessary area whenever possible. If railings cannot be placed in concrete, they must be installed within six inches of area to be protected. Railings may not exceed four feet in height. All railings must be in compliance with applicable state and county codes. Security Doors and Windows Security doors and windows require approval by the Covenant Committee. Security doors containing grille work, ornamental work, or bars are strictly prohibited. Sheds Sheds require approval by the Covenant Committee. The shed must be located in the back yard (See back yard definition under Decks ). The material, style, and color must be consistent with the home and surrounding topography. Metal sheds are prohibited. All sheds must be of a size, location, and situation to least impact neighbors and surrounding community. The shed should be concealed from street and adjacent lot/common areas, if possible. The maximum height for sheds will be 8 feet. Additional landscaping to conceal sheds from the public or neighbors view may be required. Neighbor notification on the application is required. Revised August 2012 16
Signs External signs on Homeowner s lots require approval by the Covenant Committee. Written approval is not required for a temporary For Sale or For Rent sign not exceeding 4 square feet. For Sale or For Rent signs must be removed promptly after execution of a contract for the sale or lease of the dwelling. Written approval is not required for a small permanent sign advertising the use of a security monitoring system or the existence of invisible fencing. These signs must be attached to the mailbox post or placed in a landscaped bed against the front of the house. No signs shall be permitted on the Common Areas or any easement areas except those installed by the developer or approved in writing by the Covenant Committee or the BOD. Signs on the inside of windows shall be considered a decorative window treatment, and must meet the guidelines described under Window Treatment. Skylights Unless installed by the builder at the time of house construction, Covenant Committee approval is required for skylights. A picture of the proposed skylight, dimensions, color and a plan showing where it is to be installed must be submitted with the application. Storage Outside storage of lumber (other than firewood, as specified), building materials, toys, tools, ladders, lawn equipment, automobiles (and other vehicles), or vehicle parts or discarded items on any lot in a location that is visible from adjacent lots/common areas or the streets is strictly prohibited. Storage under decks is strictly prohibited unless approved by the Covenants Committee in connection with any application to erect a deck. Storm Doors Storm doors require approval by the Covenant Committee. Storm doors must match the color of the entrance door or be painted the color of the existing door, trim, or white. Raw aluminum storm doors will not be considered. Storm doors must be rustproof metal or wood with clear glass full view panels (or fiberglass screening in the summer). They must be attached flush to the original doorjamb. Full view panels are those doors that are more than 80% glass or screening materials. Any modifications to the original door jam necessary for installation of a storm door must be specified on the change application. Swimming Pools A. Checklist for Pool Applications: When applying for a pool, the application should be completed for the pool only. Additional applications will need to be submitted for fencing, lighting, patios, landscaping, sheds etc. Below is a list of the things that should be included with your pool application: 1. A picture and a detailed description of the pool to be installed and the name and contact information of the installation contractor. Revised August 2012 17
2. A description of the drainage plan for back-washing and closing the pool. 3. A description of the cover to be used when the pool is not in use and/or during the off season. 4. A description of any landscaping to be used for screening purposes. 5. A plat MUST be included with the application and display the following information: a) shape and location of pool b) placement of pool filters, heaters and any other pool equipment c) placement of pool accessories such as slides, diving boards or ladders d) expected drainage e) fence location (including existing fencing) f) gate locations of the fences g) landscaping for screening h) lighting 6. A copy of the final certificate of inspection from Montgomery County shall be submitted to the Association s management company within 2 weeks of homeowner receipt. 7. Neighbor signatures are required for all pool applications. B. General Guidelines for all Pools: 1. All pools shall comply with Montgomery County code. 2. All pool equipment including filter systems and heaters shall be screened from the adjacent lots and from common area or public view. 3. All pool equipment will be located in such a manner as not to disturb the occupants of adjacent lots. 4. Lot reconstruction must bring all areas back to original condition. If storm water drainage is impacted it must be mitigated. Any damage brought about to adjoining neighbor's property due to construction, trucks, machines, etc. is the responsibility of the Homeowner installing the pool. 5. Pools must drain into appropriate drainage facilities. Pools may not be back washed into common landscaped areas or neighbor's property. 6. Excessive noise will not be permitted. Noise levels must cease between the hours of 10:00 PM and 7:00 AM Sunday - Thursday and 11:00 PM and 8:00 AM Friday and Saturday. 7. All pools must be approved by the Covenants Committee Aboveground pools are discouraged and will only be considered if there are no off-site visual impacts. All swimming pools including wading pools for children must be located to the rear of the dwelling and screened from lot/common areas and street view. 8. All swimming pools required to have a privacy fence shall conform to the standards set forth under Fences in these Guidelines. All fencing details must be detailed in a separate application. 9. All gates or doors in a fence enclosing a private swimming pool must have a self-latching lock and a self closing hinge on the gate Revised August 2012 18
or door. C. In Ground Pools: 1. Must meet Montgomery County guidelines for swimming pools. 2. Must have neighbor signatures (notification - not approval). 3. Must be installed by a licensed company. 4. Slides and diving boards are discouraged, but will be considered on a case by case basis. 5. Lighting must not shine directly into any neighboring property and must be approved by the Architectural Covenant Committee. 6. Pools must be covered during the off season. D. Above Ground Pools: Temporary Children s Wading Pools: Must be in the back yard and properly stored and maintained when not in use. The yard and lawn must be repaired and restored to original appearance upon storing temporary pools. Any changes from the previous application require a new application to be submitted to the Architectural Covenant Committee and approved. Permanent Above Ground Pools: 1. No structure can be taller than 5 feet. 2. Must meet Montgomery County guidelines for swimming pools as listed above. 3. Must have neighbor signatures (notification - not approval). 4. Must be within the lateral site lines of the house and cannot encroach on neighboring property. 5. Pools must be covered when not in use. (This is a safety issue as well as a mosquito issue.) 6. Lighting must not shine directly into any neighboring property and must be approved by the Architectural Covenant Committee. 7. No pool decking or pool railing will be allowed. 8. Pools must be covered during the off season. E. Pool Houses: Structures to be used as a pool house, cabana or equipment storage area requires the approval of the Architectural Covenant Committee. A complete application with dimensions, materials and colors will be required. Tenants Requirements for renting a home in Cedar Valley are outlined in the CC&Rs, Article VI, Section 6.03. The Lease Agreement must state that the tenant shall abide by the conditions set forth in the Declaration of Covenants, Conditions and Restrictions and any Rules and Regulations adopted by the Association, i.e. the Association s Governing Documents and any failure by a tenant to comply with the Association s Governing Documents will constitute breach of lease and may subject the Owner to enforcement action. Revised August 2012 19
Trash and Recycling Trash or recycling containers shall not be permitted to remain in public view except on trash pick-up days. All trash and recycling shall be set out no earlier than 24 hours before collection. The burning of trash is not permitted. The costs and arrangements for all bulk trash removal are the responsibility of the owner. Placing bulk trash on common area is a violation of the Association s Governing Documents. The Board of Directors reserves the right to assess the costs of removing any bulk trash placed on the Association s common areas to the responsible Owner/resident. Vegetable Gardens Vegetable gardens must be placed in the back yard and must be inconspicuous from the street, common areas and adjacent lots. Walkways, Stoops and Porches An application is required for all modifications and/or installations of any walkway, stoop, or porch. A. Walkways All changes or additions to any walkway or path on a homeowner s property must be approved by the Architectural Covenant Committee. Raised walkways and wood or plank walkways are not allowed except when necessary for handicap access as defined by state and county laws. Other walkway guidelines are as follows: 1. Front walkway A front walkway leads from the driveway to the front door of the house. No other walkway in the front yard is allowed with the exception of handicap walkways as defined by state and county laws The front walkway is required for all homes and must be permanent in nature (highly stable and immovable). It must match the house in color, style and materials and must be consistent with the colonial style of the neighborhood and must have similar dimensions to other approved front walkways. The front walkway must also match the front steps and the front porch that it leads toward in style, color and materials. 2. Side walkway A side walkway leads directly from the backyard to the top of the front driveway and is located on the driveway side of the house and cannot cross the front yard. A side walkway must be a narrow single-person walkway and be constructed of stone, slate or similar materials such that it remains stable and intact throughout the year. It must match the house in color, style and materials and must be consistent with the colonial style of the neighborhood and other approved side walkways. 3. Back walkway A back walkway is any walkway in the back of the house that does Revised August 2012 20
not meet the definition of a side walkway. Back walkways are approved on a case-by-case basis and must have a defined starting and ending point that serve a purpose. If approved, back walkways have the same size and construction restrictions as side walkways. B. Porches and front steps All changes or additions to the front steps or front porch of a home must be approved by the Architectural Covenant Committee. Front steps and front porches constructed of wood or deck materials are not allowed except when necessary for handicap access as defined by state and county laws. The front steps and front porch is required for all homes and must be permanent in nature (highly stable and immovable). It must match the house in color, style and materials and must be consistent with the colonial style of the neighborhood and must be similar in dimensions to other approved front porches and steps. The front porch and steps must also match the front walkway in style, color and materials. Water Features All decorative water features (example: lily ponds, water gardens) require Covenant Committee approval. Water features must be installed in the back yard. The back yard must be enclosed with a fence. For those fence styles that allow crawl space for children, wire mesh must be installed on the inside of the fence to prevent children from the community gaining access to the water feature. All water features must provide for proper water movement flow to avoid stagnation. Windows Window replacement of a style different from that installed by the builder as part of the original construction of the home requires approval by the Covenant Committee. Window frames must be compatible with the color of the house trim. Raw galvanized metal or clear anodized aluminum will not be approved. See Window Treatments for decorative window ornaments. Window Boxes Window boxes require approval by the Covenant Committee. Window Treatments No decals or decorative window hangings in the front of the house will be permitted (only exception is small security logo decals). No window shall be covered with newspaper, sheets or any other material that appears from the street to be other than standard window covering materials. Decorative window ornaments placed at the rear of the house require approval and shall be considered on a case by case basis. Any UV tinting on the windows of any house must be applied to all windows on the home and must be of a uniform tint pigment. Holiday window treatments, such as wreaths and garland, will follow the same guidelines as holiday lighting. Revised August 2012 21
Appendix A August 2012 Architectural Change Request Form Cedar Valley Homeowners Association (Meets first Monday of month) Dear Homeowner: This architectural change request form is divided into four sections. Section I is for decks, Section II is for fences, Section III is for all other changes, and Section IV is for neighbors signatures. Please fill in the appropriate section(s), with only one change request per application. When completed, please send to: Chambers Management c/o Lisa Ringler 12051 B Tech Road Silver Spring, MD 20904 Phone Number (301) 680-0700 Fax Number (301) 625-0438 Submission of this request does not give authorization to commence work. Written approval must be obtained prior to commencing alterations. ****************************** Lot Number: Name: Home Phone: Date: Address: Work Phone: Please complete the appropriate section(s): ****************************** I. IF YOU ARE ADDING A DECK (Plat required) Dimensions across back of the house: Ground Level [ ] or 2 nd floor level [ ] Length out from the house: Railing height from surface of deck: Railing type (Check one): 2 X 2 Picket [ ] Board on Board [ ] Lattice [ ] Other [ ] Describe: Type of materials (check one): Pressure treated pine [ ] Stained [ ] Other [ ] Describe Use space on page 3 to describe any additional attachments to your deck, such as a trellis, lighting, benches, flower boxes, etc. Revised August 2012 22
II. IF YOU ARE ADDING A FENCE (Plat required) Total dimensions to be fenced in and height of fence: Fence type: (attach photo please) [ ] Approved Style Type of gate(s)/location: Type of materials (check one): Pressure treated pine [ ] Stained [ ] Other [ ] Describe {Note: Fences (including invisible electric fences) need to be on property lines and encompass the entire rear yard. The location of side yard fencing will be reviewed on a case by case basis.} III. ALL OTHER CHANGE REQUESTS Type of change being requested: All relevant information (Full description/drawings/photos) with measurements: IV. NEIGHBOR SIGNATURES Architectural change requests for fences, sheds, swimming pools, and permanent basketball hoops require neighbor signatures as proof of notification.* By signing this form neighbors are not indicating their approval or disapproval of the request. Neighbors have the right and are encouraged to contact the Architectural Covenant Committee (ACC) through Chambers Management to express concerns or disapproval of the change being requested. I acknowledge notification of this change request. Further, I realize that I have the right to contact Chambers Management to express any concerns or objections regarding this application. Name Address Lot # * ACC reserves the right to obtain neighbors notifications in other change request items as needed. Revised August 2012 23
PLEASE BE SURE THAT YOU HAVE INCLUDED: 1. A copy of your Final House Location Plat you should have received this when you settled on your home showing the dimensions of your property and exactly where the additional structure will be. All markings for fences, decks, or house additions must be done in color other than dark blue or black. The requested change should be shown to scale and easy to distinguish. 2. Detailed sketches or design plans, including a location survey, elevations, etc. Drawings in the case of a deck should include railings, footers, screening materials, stain, etc. 3. A picture of any included amenities. For instance, if you are installing a storm door or a fence, supply a picture of the style you will be installing. Approval of any alteration shall not be construed as approval of the structural integrity of the alteration or addition nor does it relieve the applicant from acquiring the requisite permits and approvals from state, county and local agencies. USE THIS SPACE FOR ADDITIONAL DETAILS: Revised August 2012 24
Date Received by ACC Date Decision Rendered THIS PORTION FOR COMMITTEE USE By: The Architectural and Covenant Committee action taken: Your change request of installation/construction of: (Date) Has been: 1. Approved 2. Approved w/ Contingency 3. Denied Comments: [ ] This construction must begin within six months and be completed within two months of the date of commencement. [ ] Any damage to nearby common or private areas must be corrected within fifteen days. [ ] Any violations from approved plans must be resubmitted. [ ] Any changes must be made entirely within the homeowner s property lines. [ ] The homeowner is responsible for proper upkeep of the addition/change [ ] Please contact Miss Utility at (800) 257-7777 prior to any digging. [ ] Special conditions/contingencies: Revised August 2012 25
Appendix B - Approved Fence Types Alternating Board / Wyngate 3 Rails / Split Rail 4 Rails / Split Rail Solid Board / Board on Batton Picket Fencing Split Rail Revised August 2012 26
Appendix C Approved Safety Railing Design Revised August 2012 27
Appendix D Approved Garage Door Styles No windows Square Windows Half Moon Windows Revised August 2012 28