Community Documents
Waterbury Cove is a covenant protected non-leasing/rental neighborhood. We encourage all of our community members to stay informed by reviewing the Covenants and By Laws linked below.
Please direct questions, concerns or requests to the HOA Board at wbccomm@gmail.com.
ACC REQUEST PROCESS
ARCHITECTURAL CONTROL COMMITTEE (ACC) PROCESS FOR PRIOR APPROVAL.
1. Summary of Application Process for ACC.
a. Develop Idea for Project.
b. Review ACC Guidelines for Accordance of Project with Guidelines.
c. Design Project and Complete ACC Application.
d. Submit Application and Design to the Management Company for Approval.
e. When you receive written notification of approval you may start your project.
2. Introduction. The purpose of the ACC is to maintain the aesthetic appeal of our community,
establish guidelines so all owners and their guests may enjoy Waterbury Cove, and to ensure respect for
the rights of all homeowners. To accomplish these goals, the ACC is to review and approve any proposed
installations, construction, or alterations of any home within the development. All plans or applications to
the ACC will be reviewed as to whether the proposed installation, construction, or alteration is in
conformity and harmony of external design and general quality with existing standards of the
development. The ACC Committee will also take in account how the request will impact the applicant's
immediate neighbors as far as aesthetics and erosion control. Please keep in mind, the ACC Committee
has a 30-day time period to approve/deny any submitted applications. The 30-day time period
commences upon the date of the receipt of all required documentation in order to consider the application
full and complete.
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3. Administration of the Approval Process. The final authority for administration of the approval
process lies with the Architectural Control Committee. However the Association’s management company
will receive requests for ACC approval from homeowners and submit these requests to the ACC committee
at the monthly meeting. After disposition of the request at the ACC committee meeting, the Management
Company will forward the ACC response back to the homeowner. Homeowners can contact the
Management Company at the following address:
WATERBURY COVE HOMEOWNERS ASSOCIATION INC
C/O HOMEOWNER MANAGEMENT SERVICES INC. (HMS)
P.0 BOX 2458
ALPHARETTA, GA 30023-2458
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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:
a. a site plan showing the location of all proposed and existing structures on the lot, including building setbacks, open space, driveways, walkways, and parking spaces including the number thereof and all siltation and erosion control measures;
b. a foundation plan;
c. a floor plan;
d. exterior elevations of all proposed structures and alterations to existing structures, as such
structures shall appear after all back-filling and landscaping are completed;
e. specifications of materials, color scheme, lighting scheme and other detail affecting the exterior
appearance of all proposed structures and alterations to existing structures; and/or
f. plans for landscaping and grading.
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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
b. Conditional approval with stipulations
c. Disapproval
d. Deferral pending submission of more information or deferral to a specific date
pending an on-site review by the ACC.
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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.
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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.
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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.
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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.
ACC DESIGN STANDARDS
1. Landscaping.
a. Tree installation/Removal. No trees that are more than four (6) inches in diameter at a point two (2)
feet above the ground shall be removed without prior written consent of the ACC (excepting trees
dead by natural causes). However, no flowering trees regardless of their diameter shall be removed
without the prior written consent of the ACC. Installation of trees in all instances will require ACC
approval.
b. Erosion Control. No activity which may create erosion or siltation problems shall be undertaken on
any Lot without the prior written approval of the ACC of plans and specifications for the prevention
and control of such erosion or siltation. The ACC may, as a condition or approval of such plans and
specifications, require the use of certain means of preventing and controlling such erosion
or siltation. Such means may include (by way of example and not of limitation) physical devices of
controlling the run-off and drainage of water, special precautions in grading and otherwise changing
the natural landscape, and required landscaping as provided for herein. The ACC may request the
homeowner to offer a professional consultant's opinion regarding any erosion control concerns. The
ACC may also require the homeowner to seek a county permit before approval is granted depending
on the type of work to be performed.
c. Major Landscaping. No construction or alteration of any Structure shall take place without
the prior written approval by the ACC of plans and specifications for the landscaping to accompany
such construction or alteration. Major landscaping is defined as building retaining walls, creating or
removing pine islands, changing the established water flow for drainage, or changing the established
contour of the lot.
d. Exterior and Landscape Lighting. All exterior lighting (with the exception of Christmas lights) must
be approved by the ACC. Seasonal decorative lighting is only permitted between Thanksgiving and
January 31st.
2. Structures.
a. Fences. No fence or wall of any kind shall be erected, maintained, or altered on any Lot without the
prior written approval of the ACC of plans and specifications for such fences and walls. Fences
should complement the design, texture, and color of all structures on the same lot. Fences should
be a maximum of 6 (six) feet above grade in height. Fences are strictly prohibited in the front and
may only be attached to the back one-half of the house. Fence style must be privacy (i.e., slats
adjoining or shadow box), open vertical construction (i.e.; spaced, shadow-box, and picket), or split
rail. Wooden fences should be constructed of treated wood. Chain link or barbed wire fences are
strictly prohibited in a temporary or permanent manner. No fence shall be placed or constructed
within 15 feet of a street, except in the rear yard of a lot or where necessary to block the view of
storm water detention facilities and other unsightly easement areas.
b. Retaining Walls. Retaining walls require approval and should complement the design, texture, and color
of all the structures on the same lot. Each tier of the wall should be level and the wall should be
vertically level or staggered back toward dirt being maintained. Retaining walls should not interfere with
natural drainage of the surrounding properties.
c. Exterior sculpture, fountains, flags and other items must be approved by the ACC. Standard 2’ x 4’ flags
used in observance of National holidays are excepted as long as they are not installed on a permanent
basis.
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.
g. Recreational Equipment. Recreational and playground equipment shall be placed or installed only upon the rear of a Lot and installation thereof approved by the ACC. Permanently installed basketball hoops are not permitted. Swings and Play areas should be constructed primarily of wood materials and all materials used on swing or play area should blend in with natural surroundings, including tarps and/or slides.
h. Mailboxes. Mailboxes shall have a painted white post with appearance and makeup identical to the post installed by the builder. House numbers must be in black and be posted on both sides of the mailbox post. All mailboxes shall be painted black.
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.
j. Easements. No Structures can be erected on easements. Keep in mind that easements are homeowner’s properties and not for common public use.
j. Signs.
(1) No signs whatsoever (including but not limited to commercial and similar signs) shall, without the ACC’s prior written approval of plans and specifications therefor, be installed, altered or maintained on any Lot, or on any portion of a Structure visible from the exterior thereof, except (i) such signs as may be required by legal proceedings; or (ii) not more than one “For Sale” sign, such sign having a maximum face area of four square feet; provided, however, that if, at the time of any desired use of such sign, the Association is making “For Sale” signs available for the use of Owners, the signs made available by the Association must be used; or (iii) one election sign can be posted two weeks prior to any major election and must be removed within one week after the election.
(2) In no event during approved construction of any Structure shall more than one job identification sign be approved by the ACC. Any job identification sign can be posted for a maximum of two weeks.
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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;
(2) the seeding, watering and mowing of lawn (all grassy areas);
(3) trimming of grass on both sides of fence of owners property;
(4) maintenance of plant life within boundaries of landscaped garden, or planting area to not grow over grassy areas; and grass trimmed to prevent intrusion into planting areas; and
(5) the pruning and trimming of all trees, hedges and shrubbery
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.
4. Satellite Dishes and Antennas. ACC notification is required before any installation is to begin. According to FCC Regulations, satellite dishes may not exceed 36” in diameter, must be located in the rear attached to the dwelling so as to minimize view from the street. Antennas (i.e.; ham radio antennas) are strictly prohibited and will not be approved. All installations shall not be visible from the front of the street.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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12. Waterfront Land.
a. On Lots adjacent to lakes, ponds, rivers, streams, creeks or other water bodies or courses:
(1) no boat canal shall be dug or excavated therein, except with the prior written approval of the ACC or plans and specifications for said digging or excavation;
(2) no bulkheading, barge, docks, piling, float or other marine Structure shall be erected adjacent thereto or thereupon, without the prior written approval of the ACC of plans and specifications for such Structure; and
(3) no refuse of any kind shall be placed on or disposed of therefrom into the adjacent waters.
b. On lakes, ponds, rivers, streams, creeks or other water bodies or courses comprising any part of the Common Property,
(1) no boat shall be moored so as to obstruct navigation;
(2) no power boat shall be used except a boat powered by an electric motor with a power rating not to exceed 3.5 horsepower; and
(3) no boat of a length greater than fifteen feet, except canoes, shall be launched or used.
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.
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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.
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14. Window Air Conditioning Units. No window air conditioning units are allowed.
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15. Screen Doors. No screen door is to be installed without prior written approval of the ACC.
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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.
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17. Firearms. No firearms (including “B-B” guns, pellet guns and small firearms of all types) may be discharged in the Community.
18. Residential Use. Each Lot shall be used for residential purposes only, and no trade or business of any kind may be conducted in or from a Lot or any part of the Community, including business uses ancillary to a primary residential use, except that the Owner or Occupant residing in a dwelling on a Lot may conduct such ancillary business activities within that dwelling so long as: (1) the business activity is authorized in writing by the Board (provided, however, written authorization shall not be required if the business activity satisfies all other requirements of this Section); (2) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from the exterior of the dwelling; (3) the business activity does not involve visitation of the Lot by employees, clients, customers, suppliers, or other business invitees; provided, however, this provision shall not preclude delivery of materials or items by United States Postal delivery or by other customary parcel delivery services (U.P.S., Federal Express, etc.);
(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.