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Single Family Criteria

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

SECTION V-A SINGLE FAMILY HOME MODIFICATIONS/CHANGES REQUIRING APPLICATION NOTE SPECIAL REQUIREMENTS FOR VILLAGE HOMES

MAJOR EXTERIOR CHANGES

Major alterations are generally considered to be those which substantially alter the existing structure either by subtraction and or addition. Major building alterations include, but are not limited to, the subtraction or addition of a garage, porch, greenhouse (attached and detached), room, fireplace, chimney, skylight, etc..

The design of major alterations should be compatible in scale, materials and color with the applicant's house and adjacent homes.

If changes in grade or other conditions which affect drainage are anticipated, they must be indicated. Approval will be denied if adjoining properties appear to be adversely affected by changes in drainage.

Construction materials must be stored so that impairment of views from neighboring properties is minimized. Excess material should immediately be removed after completion of construction. No debris may be allowed to accumulate during construction.

The proposed structure must be aesthetically compatible with the original structure and in keeping with the existing lot size.

Additional Application Contents

A complete application requires the following information:

1. Detailed drawings and plans including exterior elevations and dimensions must be included.
2. Should Frederick County require a building permit, it is required that the application be a duplicate of those documents being submitted to Frederick County. They should also include colors, materials, and drawings or photographs as required, to illustrate the relation of the alteration to the applicant's house and adjacent houses where necessary.
3. Landscape plans. Please review all appropriate sections of the Architectural Guidelines and the Covenants prior to completion of the application (i.e., landscaping, lighting, fencing, etc.).

CHIMNEYS AND METAL FLUES

Chimneys must be built to generally conform with the design originally developed for the house. Chimneys must be enclosed with brick (to match existing brick) or the same material as the exterior of the house.

Any vent stacks, chimney caps, or flues which protrude through the roof must match existing stacks in color or be painted a flat black. Convection type attic ventilation devices, i.e., turbines, must be placed on the rear of the house. Color and style of the house must be included in the application.

PATIOS

Patios must be located in the rear yard. All lumber used in construction must be pressure treated (.40 CCA or better) or ground contact equivalent lumber. All materials, whether brick, flagstone, concrete, etc. must be described in the application along with the dimensions. A lot plat must also indicate the proposed location of the patio.

When a patio scheme includes other exterior changes, such as lighting, hot tub, etc., these changes should also be included on the application and the appropriate sections of the Covenants and these Architectural Guidelines relating to these changes should be reviewed by the applicant.

If changes in grade or other conditions which will affect drainage are anticipated, they must be indicated on the application. An application will be denied if adjoining properties appear to be adversely affected by changes in drainage.

DECKS

Decks must be located in the rear of the yard.

Application Contents: All applications should include rail height and design, type of materials to be used, dimensions, deck design and lot plat with location of proposed deck clearly indicated.

When deck schemes include other exterior changes, such as lighting, hot tubs etc., these changes should also be included on the application and appropriate sections of the Covenants and these Architectural Guidelines relating to these changes should be reviewed by the applicant.

Railings shall be 2" X 2" vertically oriented pickets or Chippendale style open pickets, both with a minimum of 2" spacing. Railing height must be between 36" and 42".

Materials: All lumber used in constructing a deck must be pressure treated (.40 CCA or better) or ground contact equivalent lumber. Painting of decks is prohibited. Clear wood preservatives are permitted and are recommended for wood decks. Some wood preservative manufacturers make wood preservative with natural wood color tints, such as redwood, cedar, etc. These woodtone preservatives may be approved upon review. Please provide the Committee with the manufacturer and tone to be used or an actual sample.

When applying for approval of a deck containing alternate deck materials (such as TREX), a sample should be provided to the committee.

Privacy Screening: Pressure treated lattice is recommended for use as privacy screening. Other types of privacy screening will be considered on an individual basis.

SUN CONTROL DEVICES

Sun control devices shall include awnings, trellis work, closeable exterior shutters, etc. In general, sun control devices are not allowed. Trellis work or seasonal awnings may be allowed upon review as an integral part of a deck or patio design, but shall not be allowed in the side or front yard of any residence. Trellis work must be constructed of pressure treated lumber (.40 CCA or better) or ground contact equivalent lumber and designed to complement the deck or patio.

The location of any trellis work should not adversely affect line of sight, sunlight, or ventilation of adjacent properties.

EXTERIOR PAINTING

Color changes apply not only to the house siding, but to the doors, shutters, trim, roofing, and other appurtenant structures. Changes of exterior color is limited to original builder approved color schemes and restrictions. Repainting or staining a specific object to match its original color need not be submitted.

Application must contain a sample of desired color changes.

FENCES

Any fence constructed upon a lot shall not extend forward of the rear building line of the dwelling situated upon that lot.

No fence may be painted or stained with anything other than clear wood preservative and must be constructed of pressure treated lumber (.40 CCA or better) or ground contact equivalent lumber.

A single gate width on any fence shall not exceed four (4) feet in width. Two single gates of equal size may be adjoined to form a double gate, but shall not exceed eight (8) feet in total width.

Gates must be compatible to fencing in design, material, and height.

Chain link and other wire fencing are specifically prohibited. Welded wire mesh fencing may be used in conjunction with split rail or any other approved type fences to confine pets. Such wire mesh must be installed inside the fence and may not extend above the top rail.

A fence may only be split rail, paddock, cross buck, or picket style (see appendix). No other fence styles will be approved for single family home lots. No single family home fence shall exceed five (5) feet in height.

Pickets used on picket fences shall be one (1) inch by four (4) inches and shall be spaced two (2) inches apart.

Fences must be erected along the inside of and follow the property line and the top must follow the slope of the elevation upon which the fence is constructed. Fences shall not be constructed next to an existing fence.

Unusual lot configurations may exist and such lots will be evaluated on an individual basis. However, fencing on corner lots or lots that are unusually configured shall not extend beyond the lot building restriction line on the street side(s) of the house.

VILLAGE HOME FENCES

Village Homes guidelines are currently evolving as issues unique to this house type and lot size develop. All applications will be considered on an individual basis until specific guidelines are developed and adopted.

Any fence constructed upon a lot shall not extend forward of the rear building line of the dwelling situated upon that lot.

No fence may be painted or stained with anything other than clear wood preservative and must be constructed of pressure treated lumber (.40 CCA or better) or ground contact equivalent lumber.

A single gate width on any fence shall not exceed four (4) feet in width. Two single gates of equal size may be adjoined to form a double gate, but shall not exceed eight (8) feet in total width. Gates must be compatible to fencing in design, material, and height.

All fencing must be "standard picket style" (see appendix), and not exceed five (5) feet in height. Pickets shall be one (1) inch by four (4) inches and shall be spaced two and a half (2 1/2) inches apart.

Fences must be erected along the inside of and follow the property line and the top must follow the slope of the elevation upon which the fence is constructed.

Unusual lot configurations may exist and such lots will be evaluated on an individual basis. However, fencing on corner lots or lots that are unusually configured shall not extend beyond the lot building restriction line on the street side(s) of the house.

FLAGPOLES AND FLAGS

Permanent flag poles must be of a height, color and location which is appropriate for the size of the property and background. Permanent free-standing flagpoles will only be considered on an individual basis on single family lots only. Flagpoles must be installed and maintained in a vertical position.

The maximum height of the flagpole should not be higher than twenty (20) feet.

Homeowners wishing to use temporary flagpole staffs which do not exceed six (6) feet in length and are attached at an incline to the house or dwelling unit need not submit an application.

Flags should be of a decorative and non-inflammatory nature, and be properly maintained and displayed on a flag pole.

GREENHOUSES AND SOLAR COLLECTORS

Detached greenhouses and solar collector panels will be reviewed under the same criteria as storage sheds, with consideration for the special requirements of sun orientation.

Attached greenhouses will be reviewed as room additions with special attention given to visibility of interior activities. All attached greenhouses must be attached to the rear or back of the dwelling.

Please see "Major Exterior Changes" for application contents for attached greenhouses.

LANDSCAPING AND VEGETABLE GARDENS

All landscaping plans, unless specified otherwise, require an application.

When selecting and locating plant material, consideration must be given to plant size at maturity in order to avoid the need for future thinning and/or relocation.

Fruit trees may be planted in rear yards only and must be located a sufficient distance from property lines to avoid fruit littering adjacent properties or common areas. Flowering trees that produce berries must be located a sufficient distance from public sidewalks in order to avoid safety and maintenance problems.

Location: Care should be exercised in the planting and maintenance of trees and shrubs to prevent obstruction of sight lines required for vehicular traffic. Also, the views of neighboring units and shade patterns of larger trees should always be considered.

Maintenance: All gardens must be neatly maintained throughout the growing season; this includes removal of all unused stakes, trellises, and dead growth.

Changes Requiring Application

1. Hedges. If proposed hedges are more than two (2) feet in height or eight (8) feet in length, or if other features become structures, fences or screens.
2. Railroad Ties or Garden Timbers. If either ties or timbers form a wall over one (1) foot in height or eight (8) feet in length.
3. General Landscaping and Tree Plantings. The following trees are considered inappropriate for use on residential lots and will not be approved for installation: Bamboo, Elm, Silver Maple, Catalpa, Female Ginkgo and Weeping Willow.

Changes NOT Requiring Application

An application is not required for the following provided that any restrictions are observed.

1. Foundation planting
2. Vegetable gardens: a) Vegetable gardens are to be located between the rear line of the house, the rear property line and side lines of the house. Such garden shall be screened from public view. b) Vegetable garden must not exceed 1/4 of the rear of the lot. c) Vegetable gardens must not be planted on a grade exceeding a ration of five (5) feet to one hundred (100) feet. d) Vegetable gardens must not adversely affect other property through the flow of water onto lower properties.
3. Rock gardens: All rocks will remain their neutral or natural color.

LANDSCAPING PONDS

Small landscaping "ponds" or "pools" may be permitted in rear yards only and will be considered on an individual basis. Shall be properly maintained, so as to not create unpleasant odors or unsightly algae growth.

COMPOST PILES/BINS

All compost bins must be either constructed of a pressure treated wood frame or be a commercially available container specifically designed for composting. The compost pile or bin is not to exceed four (4) feet in width or length, and must not exceed three (3) feet in height. It must be located in the rear of the lot. All compost piles must be maintained and turned periodically to ensure proper ventilation, encourage microorganisms and avoid odors. A compost pile that becomes a public nuisance shall indicate abandonment of the compost pile and a violation of these guidelines.

All applications must include landscaping plans.

PERMANENT GRILLS

Permanent grills should be placed in the rear of the house and must not be located within ten (10) feet of the side and rear property lines.

RECREATION AND PLAY EQUIPMENT

Generally, recreation and play equipment shall be defined as swings, trampolines, gymnastic sets, volleyball nets, basketball backboards and hoops, etc. or any other permanent or semi permanent outdoor recreational equipment.

Location and Size: Recreation and play equipment must be placed in the rear yards only. The only exception to this will be basketball hoops and backboards on Single Family Lots where these items may be installed on a pole to allow play from existing blacktop driveways.

No basketball backboards or hoops, or any other equipment associated with recreation shall be attached to the dwelling. Permanent backyard sports courts involving cement, asphalt or other surfaces, and/or play areas surrounded by chain link fences are not permitted.

Any play structure elevated off the ground must be open and compatible with the surroundings.

When installing approve play equipment, of any nature, consideration must be given to lot size, equipment size and design, as well as the amount of visual screening. Equipment which may be perfectly acceptable on a large lot may be unacceptable on a lot with very limited back yard space.

Consideration for approval will be based on the visual impact that the equipment might have, as well as to the variety of problems that such equipment may cause the neighbors.

Maintenance: Equipment must be maintained in a reasonable manner. Any equipment which becomes and eyesore because of lack of owner maintenance must be removed from the owner's lot.

Materials and Color: Play equipment, i.e., swings, playhouses, etc., constructed of pressure treated wood (.40 CCA or better) or redwood is encouraged. If a preservative is applied to the wood stain it must be clear, i.e., not contain any stain which would change the color of the wood. Metal play equipment, exclusive of the wearing surfaces (slide poles, climbing rungs, etc.) shall be painted to inhibit rust.

SIDEWALKS AND PATHWAYS

An application does not have to be submitted for concrete and brick sidewalks or pathways unless such sidewalks and pathways will be in the front yard of the lot. Pathways and sidewalks should be set back at least four (4) feet from the property line and generally installed flush to the ground. Brick sidewalks should match or blend with any brick on the house.

Application should include the method of installation, a description of any grading changes required, and the resulting impact on neighbors.

STORAGE SHEDS

In general, storage sheds should be compatible with the design standards of the community.

Detached
The maximum allowable size for any detached shed shall be 10' X 10'. No side shall exceed ten (10) feet. Multi-story sheds or sheds designed with loft storage are specifically not allowed. There shall be no metal sheds. Detached sheds must be painted/stained to match the trim or siding on the house. The shed roof must also match the trim or siding of the house. Additional color options for sheds located in wooded areas will be considered on an individual basis.

Note: The ACC has approved sheds of other materials on a case by case basis. Each application will be reviewed based on shed placement and material.

Underdeck
When using an underdeck area for storage, the impact on the neighbors must be kept in mind. The constructed storage area must be an integral part of the deck (i.e., not free standing) and comply with the following guidelines.

1. The storage area must not exceed 144 sq. feet.
2. No side of the storage area, perpendicular to the dwelling, should be more than twelve (12) feet in length.
3. The storage area should not extend beyond the limits of the deck.
4. Materials must be compatible with the house and/or deck and will be considered on an individual basis. Landscaping must be used to mitigate the visual impact on neighbors. The landscaping must be composed of evergreen plants and be planted within 30 days of completion of the storage area. The plants must cover one third of the height along the entire perimeter of the structure.

VILLAGE HOME SHEDS

Village Homes guidelines are currently evolving as issues unique to this house type and lot size develop. All applications will be considered on an individual basis until specific guidelines are developed and adopted.

The same as above except that: MAXIMUM size is 8' X 8'. No side of shed will exceed 8 feet.

UNDERDECK SCREENING

Only pressure treated lattice should be used. Landscaping must be used to mitigate this structure's visual impact on neighbors. For storage options see guidelines for Storage Sheds. Any exceptions will be considered on an individual basis.

STORM AND SCREEN DOORS

Storm/screen doors should be full view without ornamentations such as scallops, scrolls and imitation gate hinges. Bottom kick-plate panel may not exceed eighteen (18) inches in height.

Self storing doors are acceptable as long as the above specifications are met. Storm or screen doors should be painted to be the same color as the entry door behind them, the same color as the architectural trim, siding and existing storm windows, or left white or black.

SWIMMING POOLS

Pools will only be considered for lots containing single family homes. Only in-ground pools will be considered and they must be located in the rear of the lot.

A fence conforming to Frederick County Code (currently, required to be five (5) feet in height) is required to enclose a pool and related pool equipment. Gates must be self closing and self-latching. Refer to fence guidelines for additional information. Approval of the pool is contingent upon prior approval and completion of the fence.

Appropriate landscaping should be considered to lessen the visual impact of the pool and equipment.

Application Contents: A complete application requires the following information:

1. A site plan showing location and dimensions of the pool, other related equipment, fences, etc. in relation to the applicant's house, property lines, and adjacent dwellings.
2. Detailed drawings and plans of the pool, deck area, lighting arrangements, walkways, fences, etc., and pertinent information concerning water supply system, drainage and water disposal system.
3. Landscaping plan for outside (exterior) of fencing.

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