STATE OF SOUTH CAROLINA ) ARCHITECTURAL REVIEW BOARD
) GUIDELINES/SPECIFICATIONS FOR
COUNTY OF DORCHESTER ) HEATHERWOODS HOMEOWNERS
) ASSOCIATION, INC. A NON-PROFIT
) CORPORATION
WITNESSETH:
WHEREAS, THESE ARCHITECTURAL REVIEW BOARD GUIDELINES/
SPECIFICATIONS are made by Heatherwoods Homeowners Association, Inc., a non-profit mutual benefit corporation organized and existing under the laws of the State of South Carolina (“the Association”), who is the successor to the original Developer and Declarant, Heatherwoods, L.L.C., of the Declaration of Covenants, Conditions and Restrictions for Heatherwoods Homeowners Association, Inc. a Non-Profit Corporation, as recorded in Book 398, Page 085 on January 29, 2004 with the Dorchester County RMC Office (“the Covenants”) and the First Amendment to the Declaration of Covenants, Conditions and Restrictions for Heatherwoods Homeowners Association, Inc. a Non-Profit Corporation, as recorded in Book 398, Page 36 on February 3, 2004 with the Dorchester County RMC Office (“the First Amended Covenants”).
WHEREAS, pursuant to Paragraph 5 on Page 6 of the Covenants, the Declarant, Heatherwoods, L.L.C. (“Declarant”), appointed an Architectural Review Board (“ARB”) to insure the orderly development of the property described in the Covenants in accordance with those restrictions, and Declarant had the sole right to appoint member(s) of the ARB until Declarant sold or otherwise transferred its remaining ownership in any real property located within Heatherwoods subdivision.
WHEREAS, pursuant to the By-Laws the Association, at the annual meeting of the Association held on ______________, 2008, a majority of the necessary quorum present for that meeting voted affirmatively to adopt these Architectural Review Board Guidelines/Specifications for Heatherwoods Homeowners Association, Inc. (“ARB Guidelines”) as hereinafter set forth.
1.0 Architectural Review Guidelines/Specifications
All changes to the exterior of a Residence or to the Property/Lot require prior approval by the ARB, unless the planned changes are specifically listed under "Items Not Requiring Prior Approval" (See Section 4.0 below). "All changes" includes those changes, which may meet the standard criteria listed under specific headings, and includes also the removal of, as well as the addition of, any item. Approval must be obtained before starting any work.
(a) The materials used must be those which are used in standard residential construction in this community. The homeowner should make every effort to use the same or better materials than those used in the existing structure.
Due to the impact on the community, it is highly recommended that the work be done by a licensed contractor.
The roofline should be consistent with the adjacent elevations. Roofs should be pitched to match the house, and the shingles must match the existing shingles.
Architectural detailing on the existing house should follow through on the addition. Doors and windows must match the existing house.
The paint/vinyl siding must match the existing house.
The overall square footage of the original living area of the house cannot be increased by more than 50%.
The addition must not cover more than 50% of the existing yard. All setbacks must be observed.
The requesting homeowner is responsible for obtaining any necessary building permits and complying with all city, state and other applicable laws/regulations.
1.1.2 Applications must include:
A plot plan showing the location of the proposed addition and the required setbacks.
Elevations of all sides of the house from which the addition can be seen.
A complete set of plans for the addition which includes the floor plan, wall sections and details, and the materials and colors to be used.
An estimated construction period.
Decks shall be constructed of pressure treated or naturally weather resistant/insect resistant lumber.
The deck may be treated with water sealer. A stained sealer/paint may be approved if it coordinates with the house.
Decks must be located in the rear yard.
A description of the planned construction methods, materials, and stain/paint colors for the deck
1.3 Driveways/Parking Pads
Modifications to driveways and additions of parking pads will be made on a case-by-case basis with major emphasis on preserving a minimum of 50% of the front or side yard (as applicable) as landscaped.
Work shall be done by a person qualified to perform such work.
Only concrete will be accepted as a building material. Materials not accepted include (but not limited to) sand, earth, gravel, rock.
A plot plan showing the proposed driveway/parking pad.
The materials planned for the work.
1.4 Fencing
Fences serve many purposes in the community; they restrain pets and small children, provide privacy, and provide a unifying element in the neighborhood.
1.4.1 Specifications
The standard fence shall be a six (6’) high wooden/vinyl stockade fence. Picket fences, basket weave fences, shadowbox fences, and chain link fences are not permitted.
Fences shall not extend past the mid-point of the house nor past the front of an adjacent house. Fences must abut the house. If a fence is currently placed on an adjacent property, consideration should be given to aligning the front portions of the fences.
The finished, uniform side of the fence must face outward toward adjoining properties. If neighbors agree to share the cost of a fence, it is up to them to decide who will have the finished side.
Fences may be treated with a clear/lightly tinted water sealant. If a colored stain is to be applied it must first be approved by the ARB. The use of paint is not encouraged, but if desired it must be white to match the trim color of the house. Fences must be maintained at all times: this means replacing broken or rotten boards, cleaning mold or mildew, and restraining/repainting if necessary.
Fences other than those authorized may be approved on a case-by-case basis, unless they are types that are specifically prohibited.
1.4.2 Applications must include:
A plot plan showing the proposed location of the fence, including dimensions.
Specifications of the type of fence and materials proposed, including any stains.
1.5 Landscaping
Landscaping is an important part of any community. Good landscaping can increase the value of the home and surrounding homes. Conversely, poor landscaping can decrease the value of these homes. Homeowners are asked to carefully consider their landscaping desires and research their plans. Consulting a professional landscaper for major work is highly recommended. Considering the following questions may prove to be helpful:
How large will the planting be when mature?
Will the plant receive proper amounts of light, water, fertilizer to grow?
Can the plants survive sub-freezing temperatures?
Am I willing to continually work on the landscaping, or do I want a low-maintenance yard?
1.5.1 Specifications
(a) Creation of a planting bed(s) greater than 20% of the total front and side yards or 20% of the total unfenced rear yard requires prior approval.
(b) Plants must be kept alive and in a healthy condition. Dead or dying plant material must be removed.
(c) In the front yard areas, a minimum of at least the original builder supplied plant material must be maintained. Removal of plants to create a barren view is not permitted.
(d) Grass must be kept alive, mowed and as free of weeds as possible. It must also be trimmed and edged to create a neat appearance.
(e) Trees larger than six (6) inches in diameter need ARB approval before removal.
1.5.2 Applications must include:
1. A plot plan showing the proposed and existing locations of materials.
2. The types and names of the new plant materials, and their anticipated sizes currently and at maturity.
1.6 Lighting (light poles/lamp posts)
Proper lighting serves several purposes. It can visually compliment the look of the neighborhood and deter crime in dimly lit areas. Poor lightning choices can be detrimental; creating unsightly views or becoming a nuisance. [Note: low voltage landscaping lighting does not need approval.]
1.6.1 Specifications
(a) Lighting shall generally be directed downwards or be of low wattage. Tree uplighting shall not interfere with passers by.
(b) Lighting shall not be directed towards any windows.
(c) Homeowners are solely responsible for lighting complying with all electrical codes.
(d) Exterior bulbs shall be white or yellow. Red, green or other colors are only allowed during holiday seasons and must be removed within 30 days of the holiday.
Catalog(s) or brochure(s) showing the type of fixture to be installed and the corresponding wattage.
(a) Trends in colors change throughout the years.
(b) Colors intensify when applied to large areas. Colors on a two square inch sample may appear acceptable, but may be overwhelming on a large surface.
(c) Trim colors should remain white and a color that exhibits the same undertones as the base color.
2. Samples of the proposed colors.
The pool must be placed in the rear yard.
Construction must be done by a contractor specifically licensed for such construction.
Homeowners are solely responsible for following all state and local regulations, including setbacks.
All pool accessories (pumps, covers, etc.) must be screened from view behind a fence or landscaping.
Filtration and chemical systems must be maintained to prevent growth of algae, bacteria, and insects.
The pool must be placed in the rear yard.
Construction must be done by a contractor specifically licensed for such construction.
Homeowners are solely responsible for all state and local regulations, including setbacks.
Any above ground pool exceeding twelve (12”) inches in depth or eight (8’) feet in diameter must be enclosed by a six (6’) foot high approved fence.
All pool accessories (pumps, covers, etc.) must be screened from view behind a fence or landscaping.
Filtration and chemical systems must be maintained to prevent growth of algae, bacteria, and insects.
8.3 Specification for Hot Tubs/Spas
(a) Spas/hot tubs must be located in the rear yard unless screened by an approved fence.
(b) Homeowners are solely responsible for installation in accordance with local plumbing, electrical, and health codes.
1.8.4 Applications must include:
A plot plan showing the planned location of pool/spa/hot tub.
A plan showing the type and size to be installed.
An estimated construction period.
1.9 Recreational Equipment
Playground equipment is important for children of all ages, and provides a safe place for children to play. Large and excessive amounts of equipment, however, detract from the visual appearance of the neighborhood.
1.9.1 Playground equipment specifications
(a) All playground equipment/trampolines and other apparatus shall be located in the rear yard and screened from view by an approved fence or landscaping.
(b) Equipment must be properly maintained.
1.10 Screens
Screen doors can improve air circulation through the house; however, care should be taken to choose a style of door that compliments the color and style of the house.
1.10.1 Screen Door Specifications
(a) Door should be aluminum, wood, or vinyl, and match an existing color on the house (trim or siding color).
(b) Screens should be the same material and color of the existing window screens.
(c) Screens must be repaired when damaged.
1.11 Screened Patios
Although standard aluminum screened patios can be approved, the ARB encourages the construction of a permanent roof with a shingle and pitch that matches the existing house. This type of construction increases the value of the home and adds to the aesthetic quality when viewed from the exterior.
(a) To qualify as a “screened enclosure,” a minimum of 55% of each new wall must be screened. Permanent windows are not acceptable.
(b) Enclosures not meeting the above criteria are considered as “additions.”
(c) Front screened enclosures, though not encouraged, may be approved provided that they not extend beyond the front roofline of the house, not be used as a storage area, and not contain shades, covers, or blinds.
1.11.1 Screened Patio Specifications
(a) Aluminum framework should be in the color of existing window frames. Other colors may be approved if they are more appropriate or more readily available.
(b) The top of the enclosure should follow the roofline of the house, whenever possible.
(c) Homeowners solely responsible for following all local regulations and setbacks.
2. A plan from the contractor indicating the size and materials used.
3. Elevations of the enclosure and the house.
4. An estimated construction period.
1.12.1 Shed/green house specifications
Shed/green house must be enclosed by an approved six (6’) high fence.
The maximum height must not exceed nine feet six inches (9’ 6”), including any foundation.
The maximum size shall be twelve (12’) feet by twenty (20’) feet, or equivalent square footage and will be based on approval for the above maximum size based on the homeowner’s yard size.
The shed/green house must be set a minimum of 5 (5’) feet from the fence to allow for maintenance and meet easement setback requirements.
The materials and colors should match, or at least compliment, the colors of the house.
The shed/green house must be consistently maintained.
Metal structures/metal roofs may not be allowed, depending on the location.
1.12.2 Applications must include:
A plot plan showing the location, including dimensions.
If purchased, a picture of the shed, indicating materials and colors.
If constructed, a set of plans showing wall and roof construction, materials, dimensions, and colors.
1.13.1 Specifications
The skylight should have a low profile, preferably flat or slightly curved.
The frame should be painted to match the color of the roof.
The skylight should be installed parallel with the roof ridge.
1.13.2 Applications must include:
A plot plan showing the location of the skylight.
A sketch showing the lines and slope of the roof.
A catalog picture or brochure with a description and dimensions of the skylight.
(a) Solar panels on sloped roofs must lie flat on the roof and be placed so that the edges are parallel with the roof edge.
(b) No part of the installation shall be visible above the roofline.
(c) Support brackets, frames, and exposed parts must be painted to match the roof color.
(d) Pipes, wires, and control devices must not be seen from adjacent properties.
(e) Panels located on the ground must be located in the rear yard, and be fenced and screened from view.
1.14.2 Applications must include:
1. A plot plan showing the location of the solar panels.
2. A sketch showing the lines and slope of the roof.
A catalog picture or brochure with a description and dimensions of the solar panels.
(a) All cable television communication service lines must be installed and buried underground.
(b) Satellite dishes are permitted, and should be placed in the rear of the house.
(c) The antennae for ham radios shall be retractable or fully removable, and shall be retracted or fully removed when not in actual operation. In the event that a ham radio operator is part of the communication link in a declared emergency, the antennae may remain in place during this emergency.
P.O. Box 50218
Ladson, SC 29456
or, hand-deliver it to a member of the ARB or the Board.
2.4 Requests will be forwarded to the ARB and reviewed by the ARB during regularly scheduled ARB meetings (these meetings shall take place at least once every 3 months). Formal notification of the status of the request is mailed or hand-delivered from the ARB to the homeowner not later than thirty (30) days after receipt of the form by the ARB. If the request lacks sufficient detail for the ARB to make a decision, the request will be returned to the homeowner for additional information; when received by the ARB, the request will be reviewed again and notification will be made to the homeowner within thirty (30) days of the receipt of the additional information.
3.0 Procedures for Violations
3.1 Homeowners who observe violations in the neighborhood are requested to report these violations to the ARB. The Board will acknowledge the complaint in writing to the reporting homeowner within ten (10) days of its receipt.
3.2 Alleged violations will be confirmed by a visit to the property to be conducted by a member of the ARB.
3.3 A letter will then be sent to the homeowner with the infraction detailing the violation and requesting that the violation be eliminated, or that approval be sought from the ARB (if approval is required by these Guidelines). Per Sections 37 of the Covenants, fifteen (15) days is permitted for the homeowner to remedy the infraction or at least take reasonable steps to remedy the problem. If the violation is not corrected and/or there is no response from the homeowner at the end of the above-mentioned fifteen (15) day period, the ARB and/or the Board, on behalf of the Association can exercise its legal rights provided in the Covenants. Communication is encouraged between the homeowner and the ARB.
3.4 Involvement by the Association attorney is costly, not only to the violator, but also to all members of the Association. Thus, the violating homeowner is responsible for reasonable attorney’s fees/costs incurred by the Association (ARB/Board) in their efforts to hold the homeowner accountable. Please help the community by cooperating with the Association.
4.0 Items Not Requiring Prior Approval
The following items listed do not require approval by the ARB. All other changes do require prior approval.
4.1 Portable basketball backboards in good repair.
4.2 Retractable clotheslines, which occur totally within the confines of a rear yard, with a six (6') foot high fence and the clothesline(s) are not visible above the fence.
4.3 Door hardware such as peepholes, kick plates, and locks.
4.4 Downspouts and gutters, which are painted to match or compliment the color of the house.
4.5 Hanging baskets.
4.6 Hose reels and/or hangers.
These ARB Guidelines may be amended by a vote of the Association as provided by the Association’s By-Laws.
WITNESSES: HEATHERWOODS HOMEOWNERS
ASSOCIATION, INC.
_________________________ By:____________________ (signature)
(Witness) Diana McCoy
Its: President
_________________________
(Notary)
_________________________ By:______________________ (signature)
(Witness) Ruth Uelman
Its: Vice President
(Notary)
STATE OF SOUTH CAROLINA )
) PROBATE
COUNTY OF DORCHESTER )
PERSONALLY appeared before me, the undersigned witness, who being duly sworn, deposes and says that (s)he saw the within named HEATHERWOODS HOMEOWNERS ASSOCIATION, INC., by Diana McCoy, its President, and Ruth Uelman, its Vice President, sign, seal and as its act and deed, deliver the within written Architectural Review Board Guidelines/Specifications for Heatherwoods Homeowners Association, Inc. A Non-Profit Corporation, and that (s)he, with the other witness subscribed above, witnessed the execution thereof.
__________________________
(Witness)
SWORN to before me this
the _____ day of ____________, 2008.
________________________________
Notary Public for South Carolina
My Commission Expires:____________
STATE OF SOUTH CAROLINA )
) CERTIFICATION
COUNTY OF DORCHESTER )
We, the undersigned Diana McCoy, as President, and Ruth Uelman, as Vice President, of Heatherwoods Homeowners Association, Inc., respectively, do hereby certify that at least a majority of the total votes at an annual meeting of the Association held on _______________, 2008, at which a quorum was present, voted in favor of the foregoing Architectural Review Board Guidelines/Specifications for Heatherwoods Homeowners Association, Inc. A Non-Profit Corporation.
WITNESSES: HEATHERWOODS HOMEOWNERS
ASSOCIATION, INC.
_________________________ By:_________________________________ (Witness) Diana McCoy
Its: President
_________________________
(Notary)
_________________________ By:_________________________________
(Witness) Ruth Uelman
Its: Vice President
________________________
(Notary)
STATE OF SOUTH CAROLINA )
) PROBATE
COUNTY OF DORCHESTER )
PERSONALLY appeared before me, the undersigned witness, who being duly sworn, deposes and says that (s)he saw the within named HEATHERWOODS HOMEOWNERS ASSOCIATION, INC., by and through Frank DeFelice, its President, and Beth Preston, its Secretary, sign, seal and as its act and deed, deliver the within Certification, and that (s)he, with the other witness subscribed above, witnessed the execution thereof.
__________________________
(Witness)
SWORN to before me this
the _____ day of ___________, 2008.
Notary Public for South Carolina
My Commission Expires:____________
Posts
