SWYGERTS LANDING CODE. The resource for all Architectural Review Board related items.

SWYGERTS LANDING CODE The resource for all Architectural Review Board related items. Revised August 31, 2017

Table of Contents Paragraph Page Subject 2 Table of Contents I 3 Procedure for Architectural Review Board Written Approval II 5 Enforcement of Guidelines and Policies III 6 Appeal Procedure IV 6 Architectural Review Board Guidelines and General Policies A. 6 Landscaping Standards B. 7 Fencing Standards C. 8 Service Yard Fencing D. 8 Exterior Modifications E. 8 Additions to Home F. 9 Secondary Structures G. 9 Mailboxes H. 10 Temporary Items I. 10 Lighting J. 10 Flags K. 10 Yard Ornaments L. 11 Swimming Pools & Hot Tubs M. 11 Play Equipment N. 11 Satellite Dishes, Antennas, Solar Panels O. 12 Hardscape Surfaces and Flatwork P. 12 Signage Q. 12 Maintenance Guidelines 2

Code of Exterior Modifications and Maintenance Guidelines The Declaration of Covenants, Conditions, and Restrictions (Article III) refers to this document for the purpose of protecting the value and desirability of the lands known as. Section 1 (Approval Required) stated No improvements shall be made, placed, constructed or installed on any Lot and no exterior modifications to existing improvements shall be undertaken without prior approval of the Architectural Review Board (ARB). I. Procedure for Architectural Review Board Written Approval A. The ARB review process has 30 days to complete, from when it is submitted by the Property Management Company to the ARB to when the Property Management Company replies to the submitter. In the event the ARB fails to complete the process within 30 days, an automatic approval shall be granted to the submitted project, but only if the ARB Application is consistent with the Swygert's Landing Code. B. Plans for improvements must be submitted using the Architectural Review Board (ARB) Application to the Property Management Company. The ARB Application must include; All sections must be filled out. Surveyors plot plan of property with the proposed modifications clearly marked. Plans (contractor drawings if applicable). Pictures/sketch of proposed modifications (if applicable). Include URL if available. Picture/sketch of proposed design (if applicable). Include URL if available Type of material that will be used. Any other supporting documents. If a fence is being built in an easement a copy of the approved county permit. Projects must be complete within 1 year from the start of the project unless there has been approval from the ARB by means of the ARB Application or follow on written communications 3

I. Procedure for Architectural Review Board Written Approval (cont.) C. The completed ARB Application is submitted to the Property Management Company To be reviewed by the property manager to ensure all adequate paperwork is provided. If additional paperwork is required, the Property Management Company will contact the homeowner. Complete and approved ARB Applications will be forwarded to the ARB for review. The completed ARB Application is received by the ARB The ARB will review the ARB Application Additional information may be required to complete the review. The ARB will make a decision on the ARB Application o Approve with or without conditions. o Approve a portion and disapprove other portions. o Request additional information from the homeowner. o Disapprove o Suspended for additional considerations The ARB decision will be sent to the Property Management Company D. The completed ARB Application is received by the Property Management Company The decision of the ARB will be provided in writing to the residential Owner at the address on file with the Association. E. If the Homeowner ARB Application was disapproved, the Owner has the right to appeal the review (see III Appeal Procedure). 4

II. Enforcement of Guidelines and Policies A. If a homeowner is found to be in violation of the Covenants, Conditions, and Restrictions, the following process of notification and fines will apply. Violations reported by o A homeowner (source will remain anonymous to prevent inter-neighbor disputes) o Property Management Company employee o Others contractors, builder, City/County employee, etc. (source may remain anonymous, as determined by the Property Management Company) Letter of Warning is sent to the Owner at the address on file with the Association (and if applicable a copy of the letter is also sent to the Current Resident of the property). The residential Owner will be given 30 days to cure the violation. If problem persists a second letter will be sent with a $25 fine assessed to the residential Owners account. Owner will be given an additional seven (7) days to cure the violation. If problem persists a third letter will be sent with a $50 fine assessed to the residential Owners account. Owner will be given an additional seven (7) days to cure the violation. If problem persists a fourth letter will be sent with a $100 fine assessed to the residential Owners account. Owner will be given an additional seven (7) days to cure the violation. If the problem persists, the residential Owner will be eligible to receive a $100 fine every seven (7) days until the violation is cured If the residential Homeowner at the address on file with the Association disputes the violation, has the right to appeal (see III Appeal Procedure). 5

III. Appeal Procedure A. ARB Application Appeal The residential Owner at the address on file with the Association has the right to appeal the review. o The appeal needs to be submitted to the Property Management Company within thirty days from when the ARB s written response was sent to the Homeowner. o The appeal will be reviewed by the property manager to ensure all information needed is provided. If additional paperwork is required, the Property Management Company will contact the homeowner The reviewed appeal will be forwarded to the BOD for review by the Property Management Company. o The BOD will then review the appeal. The decision from the BOD will be the final decision on that application. The ARB decision will be sent to the Property Management Company The completed ARB Application is received by the Property Management Company o The decision of the ARB will be provided in writing to the residential Owner at the address on file with the Association, within thirty days of the date the reviewed appeal was sent to the BOD IV. Architectural Review Board Guidelines and General Policies A. Landscaping Standards Homeowners are responsible for maintaining a healthy, conditioned and natural vegetation on their lot. o The grass must be fertilized and watered to maintain a green vegetation status, unless conditions of drought exist. The grass must be regularly manicured, as in; mowed and edged along hardscape surfaces, planting beds free of weeds. Driveways and sidewalks must be free of any grass or weeds. o Planting bed material must be pine straw or a dark colored mulch. The use of red mulch, stone of any kind or rock will require the submission and approval of a ARB Application. o Streetscape trees/grass strips are the homeowner s responsibility to maintain. Trees must be appropriately pruned. The plant bed surrounding the tree must be free of weeds and contain mulch or pine straw that matches the homeowner s existing landscape. o Homeowner s are responsible for removing hazardous trees from their lot. Prior to removing any tree larger than 6 inches in diameter the owner must obtain approval from ARB by use of a ARB Application; unless a hazardous situation that is life threatening exists or damage to structures, then notice to the ARB must be submitted with appropriate documentation for the reason of the tree removal. Homeowners that are re-seeding, re-sodding or placing irrigation or drainage system into their yard must give the ARB a seven-day notice prior to work beginning. Rain Barrels are not permitted if visible from the front of the house. 6

IV. Architectural Review Board Guidelines and General Policies (cont.) B. Fencing Standards Fencing standards stated herein include the specifications of materials, design and height. The standards of fences within community are stated below and must be strictly followed: o Homeowner s are responsible for obtaining all permits from Charleston County or City Municipal Departments. o No fence shall exceed six feet in height. o All fences must start at the rear corners of the house, unless the Architectural Review Board has given written approval to deviate from the start location of the fence. o Fences must be constructed on the property lines to prevent side-yard gaps and, if applicable, must be connected to an existing fence of the adjacent lot. o Fences may be placed on easement lines, if applicable. Variance from the City of Charleston must be obtained before construction. Fences placed on the easement line must allow drainage for debris and water to pass under the fence during heavy rain. Homeowner may put chicken wire fence down to deter any animals or small children passing through the gap. The Homeowner s Association or the ARB are not responsible for any damage to fences if the city comes in and does maintenance to the easement. Damages made to fences for this reason is the responsibility of the homeowner. o Fences within the community may be either a living fence or natural pressure-treated wood material. The homeowner is required to stain or seal the fence within six months of the fence s completion. All stains must be submitted with the ARB Application. o The homeowner is responsible for proper maintenance of fences which includes soft washing, restaining, re-sealing repairing and resetting posts as needed. o Vinyl, Plastic, Aluminum, Chain Link and Wrought Iron fences are prohibited. o Temporary fences are prohibited from the community. o Construction cannot commence until the Homeowner has received written approval from the ARB through the ARB Application process. o Living fences are accepted within the community. Climbing vine plants must be planted within 60 days. Failure to plant vegetation to cover the fence after the fence s completion will result in a citation. 7

IV. Architectural Review Board Guidelines and General Policies (cont.) C. Service Yard Fencing Service yard fencing does not need approval from the ARB as long as it isn't visible from the street at the front of the house, and can be used to screen utilities, trash cans, propane tanks, generators and any other of the like from the street view. If the service yard fencing is visible from the street is will require approval through the ARB Application process. Published below are the standards of the service yard fencing: o Service Yard Fencing must be of a pressure treated wood material, lattice fencing is not permitted. o The service yard fence must be stained or sealed. All stain colors must be submitted on a ARB Application. o Plantings may be used as a service yard fence and the homeowner must appropriately manicure plant as needed (Refer to Landscaping Standards). D. Exterior Home Modifications All modifications to the exterior of the home require approval through the ARB Application process. E. Additions to Home No home may be enlarged by an addition or altered including painting, staining, re-roofing with shingles of a different color or material, or any other modifications without expressed written approval through the ARB Application process. o The size and design of any addition to the home must match what is currently existing. Therefore, the pitch and gable of the roof, materials to match home including shingles, siding, trim, foundation and other design proposals that the ARB may deem necessary that will correspond with the character of the home and of the neighborhood. 8

IV. Architectural Review Board Guidelines and General Policies (cont.) F. Secondary Structures All Sheds and Secondary Structures require approval through the ARB Application process. All secondary structure must comply with Article II, Section2 in the Declaration of Covenants, Conditions and Restrictions document. Sheds: o Sheds may be up to a maximum of 120 square feet (10 x 12 ) and must be made to match the existing home, this includes shingled roofing, siding plus trim that matches the color of the current existing home. o Roof must be pitched or gabled to match existing home. o Doors must match the Garage Service Door on the current existing home. o Barn Style sheds designs are not permitted within the community. Garages: o Garages may be up to a maximum of 576 square feet (24 x 24 ) and must be made to match the existing home, this includes shingled roofing, siding plus trim that matches the color of the current existing home o Roof must be pitched or gabled to match existing home. o Doors must match the trim of the current existing home and must be solid. o There must be a Garage door to the front of Structure facing the street. o Homeowner must comply with Charleston County Codes and are responsible for all municipalities permits prior to construction. G. Mailboxes Mailbox standards within the community are stated below and must be strictly followed, any deviation could result in a citation to the Homeowner. o Mailboxes must follow all standards to the United States Postal Service (USPS) Guidelines, any deviation could result in a possible citation from the ARB or the USPS may stop mail service to homeowner. Please refer to website URL for information below: https://www.usps.com/manage/mailboxes.htm o Mailboxes styles that deviate from original box require approval through the ARB Application process. o Mailboxes, including the post, must be maintained in good condition, to include painting, replacing damaged posts and mail boxes. o The post must be painted either a semi-gloss or gloss black paint. o Mailbox wraps are not permitted. o Vegetation around mailboxes must be appropriately manicured (Refer to Landscaping Standards). 9

IV. Architectural Review Board Guidelines and General Policies (cont.) H. Temporary Items Temporary structures including, but not limited to, garden sheds, storage sheds, outbuildings, or any other of the like are not permitted. PODS are permitted for moving purposes within the community for seven-days and must comply to the Charleston County Code. These structures do not need approval from the ARB, however notification prior to the PODS arrival is required to the Property Management Company. Front porches are reserved for outdoor furniture and flower pots and planters. For play structures please refer to paragraph M, Play Equipment. I. Lighting The design and location of all exterior lighting fixtures shall be subjected to the approval of the ARB Application process. Illumination devices located upon any lot shall be located and directed where it will not affect the nighttime environment of any adjacent properties. All flood lights must be hooded and shall not illuminate into neighboring lots Gas lanterns are permitted within the community however they require approval through the ARB Application process. Seasonal Lighting is permitted up to 20 days before and after a holiday. J. Flags Flagpoles are permitted with holder on porch posts within the community. All flags must be properly maintained, as in, not ripped or faded. Homeowner s may display the American Flag, South Carolina State Flag, Sports Team Flags and Military Flags appropriately. o The American Flag must be flown appropriately and in compliance with Title 4 of the United States Code. K. Yard Ornaments Yard ornaments are described as non-living structures or objects and shall be permitted but under certain stipulations provided below: o All yard ornaments must be contained within flower beds or on the porch area. Shall not exceed a maximum of ten yard ornaments on the front of the home, including porch and steps. o Yard Ornaments must not exceed 3 feet in height. If a yard ornament is greater than 3 feet in height it must be submitted for approval through the ARB Application process. 10

IV. Architectural Review Board Guidelines and General Policies (cont.) L. Swimming Pools & Hot Tubs In ground swimming pools are permitted within the community. All swimming pools must be in the back yard. All lots with swimming pools must have either a 4 or 6-foot privacy fence (Refer to Fencing Standards) that have self-closing gates. Gates shall remain locked when the swimming pool is not in use by the homeowner. No swimming pool shall be constructed or begun on any lot without approval through the ARB Application process, plus any applicable and municipal, county and state permit approvals. All above ground pools are strictly prohibited in the community. Temporary children pools are permitted within the community and do not require approval through the ARB Application process. However, they must be drained after use and stored away from front of the house nightly. Hot Tubs are permitted within the community, however either a fence (Refer to Fencing Standards) must be installed in the homeowner s lot or a service yard screening (Refer to Service Yard Screening) must surround the hot tub to block from the front of the house. Hot tubs must be covered when not in use. M. Play Equipment Elements of a planned park or playground located on the Homeowner s lot must be located where they will have minimum impact on adjacent lots and where they will be screened from public view. o Any proposed play equipment is to be placed in the back yard and final position of the equipment must be approval through the ARB Application process. The ARB would suggest installing a fence, however it is not required. o Play equipment must not exceed twelve feet in height. o Natural wood play equipment is the only material approved for play structures. o Bright colored or play equipment is permitted but must be stored nightly away from any other homeowner s view. o Trampolines are permitted within the community however the Homeowner is required to install a fence (Refer to Fencing Standards). N. Satellite Dishes, Antennas, Solar Panels, etc. Satellite Dishes are permitted within the community and do not need an ARB approval. Satellite Dishes will be installed in a location that is least intruding to the neighbors. Solar Panels require written approval through the ARB Application process. 11

IV. Architectural Review Board Guidelines and General Policies (cont.) O. Hardscape Surfaces and Flatwork Driveways: o Driveway additions, widening of the driveway and parking slabs require written approval through the ARB Application process. Patios, walkways: o Patio additions and walkways (made of concrete, stone, pavers, etc.) require written approval through the ARB Application process. P. Signage Signs are not permitted on Homeowner lots unless it is a For Sale or For Rent/Lease sign, Security sign or a sign that is required by the municipalities. The For Sale sign or For Rent/Lease sign may only stand until the home has been sold or rented and the new occupants have moved in. A Sold sign may be posted advertising the home is sold; the sign must be taken down immediately after closing. Special Occasion Signs (yard sale, Birthdays, Births, etc.) can be posted for seventy-two hours, the homeowner is responsible for their removal. One security sign is allowed in front of the home. Q. Maintenance Guidelines Each owner shall be responsible for the exterior maintenance of his or her dwelling and lot, as follows: o Painting Owners wishing to paint their homes or exterior buildings much match the existing color of the home and must first obtain approval from the ARB. o Replacement and care of roofs, gutters, downspouts All replacement of roofs, gutters and downspouts must first obtain ARB approval and must stay consistent with the existing material and color of the replacement. o Exterior surfaces to include pollen mold removal o Lawns, trees, shrubs Lawns, trees and shrubs must be maintained to maximize the overall curb appeal of Swygerts Landing o Driveways, walks and other exterior improvements must be kept clean. 12