Townhouse Criteria

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

SECTION V-B
TOWNHOUSE MODIFICATIONS/ CHANGES REQUIRING APPLICATION

MAJOR EXTERIOR CHANGES

No structures protruding from the back of a townhouse other than a deck or lattice will be approved.

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.

The deck shall be set back 6" from the rear corner of the unit. 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. The lattice may be placed only on the side(s) of the deck (perpendicular to the house) and generally may not exceed four (4) feet in length from the house and four (4) feet in height when installed above the railing.

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

Change of exterior color is not permitted. Repainting or staining of a specific object to match its original color need not be submitted.

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.

All fencing must be alternate board style (see appendix), and must be six (6) feet in height.

Fences must be erected along the inside of and follow the property line or centered on the property line between units. The tops of fences must follow the slope of the elevation upon which the fence is constructed.

Townhouse owners will be responsible for grass trimming along the outside of the fence bordering common areas. Fences shall not be constructed next to an existing fence.

FLAGS

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.

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 & Tree Planting. 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 yard only and will be considered on an individual basis. These shall be properly maintained, so as to not create unpleasant odors or unsightly algae growth.

COMPOST PILES/BINS

Composting on a townhouse lot must be done in a small container designed or constructed for that purpose and 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.

RECREATION AND PLAY EQUIPMENT

Generally, recreation and play equipment shall be defined as swings, gymnastic sets, trampolines, 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 fenced rear yards only.

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

Fence-Attached

A storage shed that abuts to part of a townhouse's approved six (6) foot board on board fencing will be permitted (See -Fences).

Placement: All sheds must be placed in the left rear corner of a townhouse lot with the back of the shed abutting the rear fence and the front of the shed facing the back of the townhouse. This requirement is to eliminate the negative visual impact of two sheds on adjoining lots being placed side-by-side. If a lot's design or some other existing valid site condition prevents the placement of the shed in the above specified location, an alternate placement will be considered on an individual basis.

Design: The storage shed design pictured in the appendix is the only shed design that will be permitted on townhouse lots (see storage specifications below). Note: Door may be placed on 6' or 4' side of townhouse. A single shed design will help minimize the visual impact of several sheds in close proximity. For other storage options, see "Underdeck Storage" section below. The shed's dimensions will not exceed the following:

- - Width 6'0"
- - Depth 4'0"
- - Height, Rear of Shed 6'0"
- - Height, Front of Shed 8'0"
Front elevation must be higher than the rear for adequate drainage.

Materials/Finish: The townhouse shed is to be constructed using T-111 siding. The siding is to be left in its natural unfinished color. A clear preservative may be used if desired. The roof is to be shingled using standard asphalt shingles that are black in color.

Underdeck Storage

An area under the deck's stairs may be enclosed to be used for storage. This area is not to exceed six (6) feet in length and six (6) feet in height. A storage area may be created as integral part of the deck (i.e., not free standing). This area may not extend more than four (4) feet from the house and six (6) feet across the back of the house.

Materials must be compatible with the house and will be considered on an individual basis.

UNDERDECK SCREENING

Only pressure treated lattice should be used, it must not extend beyond the deck or exceed six (6) feet in height. If a deck is more than six feet from the ground, lattice may not be permitted, but will be reviewed on an individual basis.

If lattice is used, landscaping must be used to mitigate the structure's visual impact on neighbors unless the yard is completely fenced. Any exceptions will be considered on an individual basis. For storage options, see guidelines for Storage Sheds.

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.

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