Waterbury Cove Community
A. ARCHITECTURAL CONTROL COMMITTEE (ACC) PROCESS FOR APPROVAL
15. Screen Doors
A. ARCHITECTURAL CONTROL COMMITTEE (ACC) PROCESS FOR PRIOR APPROVAL.
1. Summary of Application Process for ACC.
3. Administration of the Approval Process. The final authority for administration of the approval
WATERBURY COVE HOMEOWNERS ASSOCIATION INC
4. Application for Review. Homeowners should initiate the approval process by sending applications with any additional data (i.e.; plans and specifications) either to the ACC Committee Chair or directly to the Management Company. Such plans and specifications shall be in such form and shall contain such information as may be required by the ACC, including where applicable:
Any questions or concerns regarding the ACC design guidelines or the approval process should directed to the ACC Committee Chair.. Members of the ACC can be consulted for general guidance and advice but this information will not be considered as a formal request or formal approval by the ACC as all approval requests will be in writing. Applications for ACC approval must be received by Wednesday of the first week in each month for approval within that month. Failure to meet this deadline may postpone the review process until the next scheduled meeting the following month. The ACC Committee or the Management Company will provide the homeowner a formal response regarding their submitted ACC application which will include one of the four actions;
a. Approval as submitted
An ACC decision is based on a simple majority of the ACC Committee members and shall not be arbitrary or capricious, any denial, deferral, or exception shall be substantiated by the ACC with due reason. The ACC may, at its discretion, assist the applicant by suggesting alternative design solutions. Before beginning any project it is incumbent upon the homeowner to verify if ACC approval is required or not and to submit proper application through channels if required. Any project requiring ACC approval should not be initiated until the application is returned signed approved as submitted or approved with stipulations. Failure to do so will incur a $150.00 fine and may result in the removal of the structure per the covenants. All questions concerning the need for application for ACC approval shall be forwarded to the ACC Committee Chair or the management company for response.
5. Regulatory Compliance. Plans submitted for ACC review must comply with all applicable building codes, zoning regulations, and requirements of all agencies having jurisdiction over the project. It is the responsibility of the Applicant to obtain all necessary permits, inspections, and final Certificates of Occupancy. Regulatory approvals do not preclude the authority and responsibility of the ACC for design review and vice versa.
6. Final Review. The Committee’s final approval constitutes a binding agreement between the Applicant and the Association. Any deviation from the approved plans must be resubmitted to the ACC for approval. Failure for any project to comply with the approved documentation or with the design guidelines will generate a $25.00 per day fine after a 30 day notice for projects found to not be installed in accordance with the design guidelines.
7. Appeals. Any decision reached by the ACC Committee may be appealed back to the Waterbury Cove Homeowners Association Board for reconsideration within ten days after receipt of any decision a homeowner deems to be unsatisfactory. A written request with technical design information supporting the appeal request must be included. All appeals will be reviewed on a case-by-case basis, and the granting of an appeal for one residence for a particular situation does not imply or warrant that a similar appeal would be granted on another residence. Each case will be reviewed on its own design merits and in keeping with the overall objectives of the design guidelines. An invitation to the Homeowners Association monthly board meeting will be extended to the homeowner for the presentation of the appeal. A decision on the appeal will be reviewed promptly and within thirty days a written decision will be sent to the homeowner. The decision of such a majority of the members of the Board with respect to such matter shall be final and binding.
c. Exterior sculpture, fountains, flags and other items must be approved by the ACC. Standard 2’ x 4’ flags
d. Screened Porches and Decks. All new and additional installations of decks and screened porches shall have written ACC approval before construction is to begin. Roofing materials must be of the same color and style as the existing roof. Framing material and overall style must be the same as the existing deck or house exterior. Colors must match or coordinate with the existing house colors.
e. Temporary Buildings. No temporary building, trailer, garage or building under construction shall be used, temporarily or permanently, as a residence on any Lot except as temporary sleeping or living quarters required or desirable for security purposes in accordance with plans and specifications therefor approved by the ACC. No contractor or builder shall erect on any Lot any temporary building or shed for use in connection with construction on such Lot without the express written approval of ACC.
f. Swimming Pools & Spas. Above ground swimming pools are not permitted. All in ground swimming pool installations and spas/hot-tubs will require the written approval of the ACC. All pool installations must follow all county installation guidelines and be totally enclosed by an ACC approved fence.
i. Window Treatments. Unless otherwise approved in writing by the Board, all windows in a dwelling that face toward the street (except palladium windows) shall have window treatments. Sheets, blankets, towels, flags, and other such items shall not be placed in any window or in way used as window treatments. All window treatments and blinds must be in good repair and neutral in color.
i. Easements. No Structures can be erected on easements. Keep in mind that easements are homeowner’s properties and not for common public use.
3. Exterior Maintenance.
a. Landscape Maintenance. All maintenance of the Lots and all Structures shall be the sole responsibility of the Owner thereof, who shall maintain said property in a manner consistent with the community-wide standard of Waterbury Cove and the applicable covenants. Each Owner shall keep and maintain each Lot and Structure owned by him, as well as all landscaping located thereon, in good condition and repair, including, but not limited to:
(1) the repairing and painting (or other appropriate external care) of all Structures;
If in the opinion of the ACC, any Owner shall fail to perform the duties imposed by this section, then the Board shall give written notice to the owner to remedy the condition in question, setting forth in reasonable detail the nature of this condition and the specific action or actions needed to be taken to remedy such condition. If the Owner shall fail to take reasonable steps to remedy the condition within ten days after the mailing of said written notice by mail, the Association shall have the Right of Abatement.
b. Exterior House Color. Repainting of the exterior of the house must be approved by the ACC prior to the project beginning unless the exact original colors of the house are matched. When repainting with new colors, samples (color chips) for ACC approval will be required for the predominant color as well as secondary colors. The exterior colors shall be compatible and harmonious with the colors of the other homes in the neighborhood. Highly reflective colors shall be avoided. A minimum number of exterior colors shall be used. When more than one color is used, one shall be clearly dominant. Secondary colors shall be compatible with dominant colors, limited to architectural details such as fascia frames and other building trim. High contrast colors, when used on structures shall be limited to major architectural elements such as entry doors. The exterior colors of adjacent homes shall not be the same.
c. Reroofing. Reroofing will require written ACC approval unless the style and color of the original roof is matched exactly. Shingle samples and color brochures will be required for submission to the ACC for approval.
5. Roads and Driveways. No road or driveway shall be constructed or altered on any Lot without the prior written approval of the ACC of plans and specifications for such roads and driveways. All driveways must be natural concrete color.
6. Clotheslines, Garbage Cans, etc. No clotheslines shall be permitted. All equipment, garbage cans, and woodpiles shall be kept in a garage or screened by adequate approved planting or approved fencing so as to conceal them from view by neighboring residences and streets.
7. Solid Waste.
a. No person shall dump rubbish, garbage, or any other form of solid waste on any Lot or on Common Property. Trash should be placed on the curb after 500 p.m. the day before pickup; containers should be retrieved and stored the day of pick up.
b. Except during approved construction, no person shall bum rubbish, garbage, or any other form of solid waste on any Lot or on Common Property.
c. Except for building materials employed during the course of construction of any Structure approved by the ACC, no lumber, metals, bulk materials or solid waste of any kind shall be kept, stored, or allowed to accumulate on any Lot unless screened or otherwise handled in a manner set forth in the Design Standards.
8. Resubdivision of Property. No Lot may be split, divided, or subdivided for sale, resale, gift, transfer, or otherwise, without the prior written approval of the ACC of plans and specifications for such split, division or subdivision.
9. Animals/Pets. No animals, including birds, insects, and reptiles, potbellied pigs, goats, and other non-standard household pets may be kept on any Lot. No animal shall be allowed to become a nuisance and all county regulations regarding pets shall be followed. No Structure for the care, housing or confinement of any animal shall be constructed, placed or altered on any Lot unless plans, specifications and location for said Structure have been approved by the ACC. Feces left by any pet on the Common Property or another homeowner's lot must be removed immediately by the owner of the pet or the person responsible for the pet. Feces left by the owner's pet on the owner's lot must be removed promptly by the owner of the pet or the person responsible for the pet per county code.
10. Recreational Vehicles and Trailers. No school bus, truck or commercial vehicle over one ton capacity, house trailer, mobile home, motor home, recreational vehicle, camper, truck with camper top, habitable motor vehicle of any kind, boat or boat trailer, trailers of any kind, or like equipment shall be permitted on any Lot on a permanent basis. These will be allowed on a temporary basis not to exceed three consecutive day and will also be permitted if stored within the garage with garage door closed. Any trash, firewood, wood scraps, building materials or other such materials contained in any vehicle or trailer shall be covered from view.
11. Disabled and Stored Vehicles. Disabled and stored vehicles are prohibited from being parked in the Community except in garages. For purposes of this Section, a vehicle shall be considered "disabled" if it does not have a current license tag or is inoperable. A vehicle shall be considered "stored" if it remains in a location, other than in a garage, without prior written Board permission, for fourteen (14) consecutive days or longer or if it is covered for more than two (2) consecutive days with a car cover or tarp.
12. Waterfront Land.
a. On Lots adjacent to lakes, ponds, rivers, streams, creeks or other water bodies or courses:
b. On lakes, ponds, rivers, streams, creeks or other water bodies or courses comprising any part of the Common Property,
c. Any lake which is depicted on the plats of the Development and which is part of the Common Property shall be maintained only as a lake and, to this end, the Association shall not cause or permit to be caused any acts or acts to the contrary.
d. No swimming, water skiing or ice skating are permitted on the lakes or ponds in the community.
13. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be may become an annoyance or nuisance to the Community.
14. Window Air Conditioning Units. No window air conditioning units are allowed.
15. Screen Doors. No screen door is to be installed without prior written approval of the ACC.
16. Garage Doors. Garage doors shall be closed at all times except times of ingress and egress from the garage. Any garage door that is replaced must have the same look as the home's original garage door; i.e., windows. Metal garage doors are allowed but will need to be fixed or replaced if they become dented.
17. Firearms. No firearms (including “B-B” guns, pellet guns and small firearms of all types) may be discharged in the Community.
(4) the business activity does not involve the storage in the dwelling or on the Lot of any toxic or hazardous substances or of any products or materials which may create a health or safety hazard; (5) the business activity conforms to all zoning requirements for the Community; (6) the business activity does not increase traffic in the Community; (7) the business activity does not increase the insurance premium paid by the Association or otherwise negatively affect the ability of the Association to obtain insurance coverage; and (8) the business activity is consistent with the residential character of the Community and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Community, as may be determined in the Board's sole discretion.
The terms "business" and "trade," as used in this provision, shall be construed to have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) such activity is engaged in full or part-time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefor.
In the case of any dispute as to whether a particular business activity satisfies the requirements of this Section, the Board shall be the sole arbiter of whether the business activity satisfies the requirements of this Section.