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Architectural Uses General Information

RESTRICTIONS AS PUBLISHED IN DECLARATION OF COVENANTS, CONDITIONS, & RESTRICTIONS

ALL ITEMS IN THIS BOOKLET REQUIRE AN APPLICATION FOR EXTERIOR ALTERATION UNLESS OTHERWISE SPECIFIED.

Notwithstanding anything in these guidelines to the contrary and notwithstanding any prior approval given for any alteration and/or construction within the Spring Ridge subdivision, notice is hereby given provided to each and every owner of a lot within the Spring Ridge subdivision that these guidelines have been prepared to assist and facilitate the review and approval process set forth in the Covenants only, and therefore, may be modified and amended from time to time, and at any time, by the Covenant Committee, and that no prior approval of any alteration or modification by the Covenant Committee pursuant to these Guidelines or otherwise shall be deemed an approval of any subsequent, similar alteration or modification by another owner if the Covenant Committee deems such subsequent alteration or modification to be inconsistent with the aesthetic harmony of the immediate neighborhood and the entire community.

SECTION I
OBJECTIVES OF SPRING RIDGE ARCHITECTURAL GUIDELINES

In accordance with Section 8.04 of the Declaration of Covenants, Conditions, and Restrictions of the Spring Ridge Conservancy (the "Covenants"), the Covenant Committee hereby promulgates and adopts these Architectural Guidelines for the following purposes:

1. To explain the role of the Covenant Committee.
2. To address the architectural guidelines necessary to the maintenance and enhancement of Spring Ridge.
3. To serve as a readily available guide to the Covenant Committee, the Spring Ridge Conservancy staff, and the residents of Spring Ridge.

The guidelines described in this booklet address improvements for which homeowners most commonly submit applications to the Covenant Committee. They are not intended to be all-inclusive or exclusive, but rather serve as a guide to what may be done. The specific objectives of this booklet are:

1. To increase the resident's awareness and understanding of the Covenants that rule Spring Ridge.
2. To describe the architectural review procedures established by the Covenants.
3. To illustrate design principals which will aid residents in the development of exterior improvements that are in harmony with the aesthetics of the immediate neighborhood and the entire community.
4. To assist residents in preparing an acceptable application for the Covenant Committee.
5. To provide the Covenant Committee with uniform guidelines for the review of applications. These guidelines reflect the goals of the founding documents of the Spring Ridge Conservancy and the actions of the Conservancy's Board of Directors.

Any and all defined terms as used herein shall have the same meaning as set forth and defined in the Covenants to the extent consistent.

SECTION II
PROTECTIVE COVENANTS

The Covenants is one of Spring Ridge Conservancy's governing documents. The Covenants set the standards by which Spring Ridge's quality of design is implemented and maintained. Those standards are reflected in the Spring Ridge Architectural Guidelines ("Guidelines").

The Covenants have been recorded among the land records of Frederick County, Maryland and all lots sold within Spring Ridge are sold subject to the Covenants.

They "run with the land" and are binding on all property owners and their successors in title. For this reason alone, the Covenants should be periodically reviewed and fully understood by each property owner.

In the event of a discrepancy between the Covenants and the Guidelines, the Covenants shall prevail.

SECTION III
THE COVENANT COMMITTEE

The role of the Spring Ridge Conservancy of which every homeowner is a member, is not only to own and operate open space, but to conserve and enhance the resources of the total community.

To ensure that these responsibilities are accomplished, Article VII of the Covenants established the Covenant Committee. The Covenant Committee ensures the retention of aesthetic harmony, through the diverse design qualities of the Community. (Surveys of other planned communities show the existence of a Covenant Committee is reflected in the preservation and enhancement of real estate values, and is of prime importance to residents.)

The Covenant Committee performs its task of ensuring aesthetic quality of the homes and their environments by establishing and monitoring the architectural review process.

All restrictions and procedures set forth in this Architectural Guidelines booklet are in addition to the restrictions and procedures which must be followed and which are set forth in the Covenants and the applicable ordinances of Frederick County, Maryland.

Compliance with these guidelines, the Covenants, and with the ordinances of Frederick County, is a prerequisite to the alteration or addition to any lot within Spring Ridge.

The provisions of the Covenants quoted in the Architectural Guidelines are by no means intended to reflect all of the provisions of the Covenants relative to these Architectural Guidelines.

Every Spring Ridge property owner should review these Architectural Guidelines in addition to the Covenants and other applicable ordinances of Frederick County, Maryland.

COVENANT COMMITTEE STRUCTURE

The Covenant Committee is made up of two subcommittees:
(1) Architectural Review
(2) Compliance

The Architectural Review Subcommittee meets at least once a month to review applications submitted for architectural changes.

This booklet only focuses on exterior alterations made by the owners.

CHANGES REQUIRING COVENANT COMMITTEE REVIEW

Article VIII, Section 8.01 of the Covenants states the following: "Except for construction or development by, for, or under contract with the Declarant, and except for any improvements to any Lot or to the Common Area or any facilities situated thereon accomplished by the Declarant concurrently with said construction and development, and except for purposes of proper maintenance and repair, no building, fence, wall, deck, patio, dog house, swimming pool (only in-ground pools are permitted), shed or other structure or improvement of any type shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made (including change in color) until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography and conformity with the design concept for the Property by the Board of Directors of the Conservancy, or by a covenant committee composed of three (3) or more representatives appointed by the Board of Directors of the Conservancy ("Covenant Committee'), or, with respect to the initial construction of improvements on any Lot or the Common Area, by the Declarant or New Construction Committee as set forth in Section 8.06. With respect to any Lot or dwelling unit situated within a Neighborhood, the Neighborhood Committee for such Neighborhood must approve, in writing, of any proposed construction, alteration or modification to such Lot or dwelling unit prior to submission of the plans and specifications therefore tot he Board of Directors or the Covenant Committee (the construction of initial improvements on a Lot shall not be subject to review or approval by a Neighborhood Committee). The Neighborhood Committee shall have forty-five (45) days from the receipt of all plans and specifications reasonably requested by such Neighborhood Committee to approve or disapprove the requested construction, alteration or modification. Failure to approve or disapprove within such time period shall be deemed an automatic approval of such submission by the Neighborhood Committee. The approval of any submission by the Neighborhood Committee shall not be binding on the Board of Directors or Covenant Committee which may disapprove such submission in its sole discretion; provided, however, the Board of Directors of Covenant Committee shall reasonably attempt to affirm the approval of the Neighborhood Committee (which approval was based on the action of the Neighborhood Committee and not forbearance from action) unless to do so is not in the best interest of the Conservancy as determined by the Board of Directors of the Covenant Committee in its sole discretion. Approval of the Neighborhood Committee based on forbearance from action shall not have any bearing or influence affecting the final decision of the Board of Directors or the Covenant Committee. The Covenant Committee or Board of Directors, in addition to having the right to disapprove the plans and specifications approved by the Neighborhood Committee, may also request modifications or changes to such plans and specifications at its sole discretion. In the event, said Board, or its designated committee, fails to approve or disapprove such design and location within forty-five (45) days after all said plans and specifications reasonably requested by the Board of Directors or the Covenant Committee have been received, approval will not be required and this Article will be deemed to have been fully complied with. Design approval by the Neighborhood Committee, Covenant Committee or by the Board shall in no way be construed as to pass judgment on the correctness of the location, structural design, suitability of water flow or drainage, location of utilities, or other qualities of the item being reviewed. The Board or the Covenant Committee shall have the right to charge a reasonable fee for reviewing each application to convey the actual costs incurred by the Covenant Committee or the Board of Directors in reviewing an application. Any exterior addition to or change or alteration made without application having first been made and approval obtained as provided above shall be deemed to be considered to be in violation of the Covenants and the addition, change, or alteration may be required to be restored to the original condition at the Owner's cost and expense. In any event, no such exterior addition to or change or alteration shall be made without approvals and permits therefore having first been obtained by the Owner from the applicable public authorities or agencies. Notwithstanding any provision of this Declaration to the contrary, the provisions of this Article VIII shall not be applicable to the Declarant or any part of the Property owned by the Declarant."

It is important to understand that Covenant Committee approval is not limited to major alterations such as adding a room or deck to a house, but includes such items as changes in color, materials, etc. Approval is also required when an existing item is to be removed.

Also it's important to remember, and in accordance with Article VIII, Section 8.02 of the Covenants, once a plan is approved it must be implemented as approved.

Architectural Review begins with the submission of an Architectural Change Request by the property owner proposing the project. Each such application for a change or modification is reviewed on an individual basis. There are no "automatic" approvals (i.e., a homeowner who wishes to construct a deck identical to one already approved by the Covenant Committee is still required to submit and application).

STRUCTURES PROVIDED BY THE ORIGINAL BUILDER

Structures which are offered as builder options, installed by the builder, and are shown on the official plat do not require Covenant Committee approval. However, all structures, whether or not provided by the original builder, are subject to the guidelines which would apply to Architectural Committee decisions.

The phrase "provided by the original builder" is defined as applying to any structure completed prior to settlement and specifically cited in settlement documents.

Any owner alleging that a structure was "provided by the original builder" shall have the burden of proof for providing documentation which will show this to be the case as defined in the above paragraph.

Any structure to have neither been approved by the Architectural Committee or to have been cited as being "provided by the original builder" by specific citations in settlement documents will be considered to be in violation of the Covenants and the addition, change, or alteration may be required to be restored to the original condition at the owner's cost and expense.

A fine may also be imposed upon any homeowner making a change without first obtaining an approval of such application.

SECTION IV
COVENANT COMMITTEE AND APPLICANT REVIEW

REVIEW CRITERIA

The Covenant Committee reviews all submissions for exterior changes on the individual merits of the application. What may be an acceptable design for one exterior may not be for another. For example, exterior changes to townhouses, due to their relative closeness to each other, usually are more noticeable and have more of an impact on adjoining properties than changes to detached homes. In short, evaluation of the design proposal includes the close review and consideration of the housing type and individual site.

Design decisions made by the Covenant Committee in reviewing applications are not based on any individual's personal opinion or taste. Judgements of acceptable design are based on the following criteria which represent, in more specific terms, the general standards of the Covenants.

1. Relation to the Spring Ridge Open Space Concept: Fencing, in particular, can have damaging effect on open space. Other factors, such as removal of trees, disruption of the natural topography and changes in rate or direction of storm water run-off may also cause an adverse effect.
2. Validity of Concept: The basic idea must be sound and appropriate to its surroundings.
3. Design Compatibility: The proposed improvement must be compatible with the architectural characteristics of the applicant's house, adjoining houses, and the neighborhood setting. Compatibility is defined as similarity in architectural style, quality of workmanship, similar use of materials, color and construction details.
4. Location and Impact on Neighbors: The proposed alteration/addition should relate favorably to the landscape, the existing structure and the neighborhood.
5. Scale: The size (in three dimensions) of the proposed alteration should relate well to adjacent structures and its surroundings. For example, a large addition to a small house may be inappropriate.
6. Color: Color may be used to soften or intensify visual impact. Parts of the addition that are similar to the existing house such as the roof and trim must be matching in color.
7. Materials: Continuity is established by use of the same or compatible materials as were used in the original house. Aluminum and vinyl siding on the original house should be reflected in an addition and be compatible with original house.
8. Workmanship: Workmanship is another standard which is applied to all exterior alterations. The quality of work should be equal to or better than that of the surrounding area. Poor workmanship can create safety hazards and can be visually objectionable to others. (Spring Ridge Conservancy assumes no responsibility for the safety of new construction by virtue of design or workmanship).
9. Timing: The majority of alterations may be constructed or installed by residents themselves rather than a contractor. However, projects which remain uncompleted for long periods of time are visually objectionable and can be a safety hazard for neighbors and the community. All applications must include an estimated start and completion date. Projects must be started within six (6) months and completed within twelve (12) months after such approval, or within such longer period of time as may be specified by the Covenant Committee in such approval.

ARCHITECTURAL CHANGE REQUEST

The Covenant Committee has designed an Architectural Change Request form that must be completed and submitted prior to the construction start.

All homeowners who desire to make an architectural change must complete an Architectural Change Request and obtain written approval prior to beginning work. Each change must be described on separate Architectural Change Request forms.

The application requests information that may be useful in determining the detail and scope of the project, including:

1. Site Plan: A site plan is a scaled drawing of the lot (site) which shows the exact dimensions of the property, adjacent properties, if applicable, and all improvements (including those covered by the application). The official plat you received when you purchased your home will provide a basis for your site plan. The house location survey received at settlement is acceptable for a townhouse. More complex applications may require 10 or 20 scale blowups (i.e. 1" = 10' 1"= 20') of the plat plan. Contour lines are required when drainage and/or topography is a consideration.

Drawings need not be professionally done as long as they are clear and preferably to scale.

2. Description: A detailed description of proposed change/construction, including materials to be used, paint color chip, or stain choice (when applicable), and detailed scaled drawing of project including dimensions.

3. Construction Period: Provide a starting and completion date for the proposed project.

Note: It is the owner's responsibility to obtain a Frederick County Building permit and to comply with all county building code requirements. The Covenant Committee does not review applications for building code requirements.

REVIEW PROCEDURE

All applications must be in duplicate to facilitate processing of the application and may either be hand delivered or mailed to the Management Agent at the following address:

Spring Ridge Conservancy
c/o Property Management People
9090 Ridgefield Drive
Frederick, MD 21701-8717

Applications must be received by 4:30 PM the Friday prior to the scheduled meeting of the Covenant Committee.

All applications will be forwarded to the Covenant Committee. Each application will be reviewed to verify completion. If information pertinent to the review of the application is missing, the application will be marked "incomplete" and returned. If the application is complete, the review process will begin. A Covenant Committee response is required on all completed applications within FORTY FIVE (45) calendar days from receipt by the Management Agent.

The Covenant Committee decision will be sent by letter to the address on the application.

APPEAL PROCEDURE

An applicant may appeal an adverse decision as provided for in the Covenants. Article VIII, Section 8.04 states:

"The decisions of the Covenant Committee shall be final except that any Member who is aggrieved by any action or forbearance from action by the Covenant Committee may appeal the decision of the Covenant Committee to the Board of Directors and, upon the request of such Member, shall be entitled to a hearing before the Board of Directors. Two-thirds (2/3) of the Board of Directors shall be required to reverse the decision of the Covenant Committee."

ENFORCEMENT PROCEDURE

The right to remove or correct violations of the Covenants, or any restriction contained within them, is presented in Article IX, Section 9.05, which states:

In the event any violation or attempted violation of any of the covenants or restrictions contained in Article VIII or Article IX shall occur or be maintained upon any Lot, or in the event of any other conduct in violation of any of the provisions or requirements of Article VIII or Article IX or rules or regulations adopted by the Board of Directors or a Neighborhood Committee, then the same shall be considered to have been undertaken in violation of the Declaration and without the approval of the Board of Directors or the Covenants Committee required herein, and, upon written notice from the Board of Directors or the Covenants Committee, such violation shall be promptly removed or abated. Notice sent by regular mail and certified mail, return receipt requested, to the Owner's address as it appears in the records of the Conservancy shall be considered adequate notice to the Owner for all purposes. In the event the violation is not removed, or the violation is not otherwise terminated or abated, within fifteen (15) days (or such shorter period as may be required in any such notice) after notice of such violation is delivered to the Owner of the Lot upon which such violation exists, or to the Member responsible for such violation if the same shall be committed or attempted on premises other than the Lot owned by such Member, then the Conservancy shall have the right, through its agents and employees (but only after a resolution of the Board of Directors or the Covenants Committee and a reasonable opportunity for a hearing is given to the Owner and/or resident(s) of the Lot) to enter upon such Lot and to take such steps as may be necessary to remove or otherwise terminate or abate such violation and the cost thereof may be assessed against the Lot upon which such violation occurred and when so assessed, a statement for the amount thereof (including attorneys' fees and costs) shall be rendered to the Owner of said Lot, at which time the assessment shall become due and payable and a continuing lien upon such lot, and a binding personal obligation of the Owner of such Lot, in all respects (and subject to the same limitations) as provided in Article VII of the Declaration.

The Conservancy shall have the further right, through its agents, employees or committees, to enter upon and inspect any Lot at any reasonable time for the purpose of ascertaining whether any violation of the provisions of this Article or any of the other provisions or requirements of the Declaration exist on such Lot; and neither the Conservancy nor any such agent or employee shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection; provided however, the interior of a dwelling located on such Lot may not be entered pursuant to the paragraph unless such entry is necessary for the protection of any Lot or the Common Area as determined by the Board of Directors or its agents, employees or committees".

A fine may also be imposed upon any homeowner making a change that requires an application without first obtaining an approval of such application.

PROCEDURES FOR PROPOSING CHANGES TO EXISTING ARCHITECTURAL GUIDELINES

To request a change to an existing guideline, the issue will be presented to the community and considered for change only through the following process:

Some proposed guideline changes will impact all residents whether they live in single family houses, townhouses or other residential units. In other cases only one group i.e., single family homeowners, will be impacted. In such a case only that particular group will be surveyed on whether a proposed guidelines change should be considered.

*REVISION: This procedure was altered at a meeting of the Board of Directors on June 2, 1997. The following is taken directly from the official minutes of that meeting.

1. A letter would be sent to the property type being surveyed, explaining the proposed change. A pre-addressed, postage paid post card, with a label affixed with the owners name, will be included in the mailing. The owners can express their vote and/or comments on the survey card and return it to the Conservancy.
2. There will be an administrative charge of two-hundred dollars per proposed change to be paid by the person or persons requesting the change.
3. All responses must be returned to the Conservancy within thirty days following the mailing date.
4. A minimum of twenty-five percent response rate from the type of housing being surveyed must respond.
5. The issue being surveyed can not be re-introduced for a period of one year, regardless of the outcome of the survey.
6. It will take a majority of those responding (with a minimum of 25% of the total units in the specific property type), then the issue will go to the Board of Directors for final consideration. If the Board approves the change, it will be prepared for resolution and signature.