FOR
COPPERFIELD NORTHMEAD VILLAGE
SECTIONS ONE (1), TWO (2) AND THREE (3)
The undersigned, being all of the members of the Board
of Directors of Northmead Village Community Association, Inc., a Texas
non-profit corporation (“the Association”), do hereby certify that at a meeting
of the Board of Directors of the Association duly called and held, the
following guidelines were unanimously made and adopted:
WHEREAS, the Association, acting through
its Board of Directors, desires to exercise the authority granted to them by
the provisions of the Declaration of Covenants, Conditions, and Restrictions
applicable to Copperfield, Northmead Village, Sections One (1), Two (2) and
Three (3) (“the Declaration) to maintain the harmonious and architectural
design of the subdivision in accordance with the provisions of the Declaration;
and
WHEREAS, the Declaration provides that
no buildings, additions or improvements shall be erected or placed on any lot
until the constructions plans and specifications including, but not limited to
site layout, building location, building materials, colors and elevation, have
been submitted to and approved in writing by the ARC; and
WHEREAS, the Declaration further
provides that the ARC shall have the discretion to approve or disapprove plans
and specifications for buildings, additions or improvements on the basis of
color, quality of building materials and harmony of external design and
existing structures and to establish and promulgate rules, standards and
procedures deemed necessary for the development and maintenance of the
subdivision; and
WHEREAS, the Board of Directors of the
Association desire to establish guidelines with respect to the type, quality
and color of exterior additions and improvements on lots within Copperfield,
Northmead Village, Sections One (1), Two (2) and Three (3), to be followed by
the ARC, so that a harmonious exterior design within the subdivision is
consistently maintained;
NOW, THEREFORE, the Board of Directors
of the Association hereby adopt the following guidelines relating to buildings,
additions and improvements on lots within Copperfield, Northmead Village,
Sections One (1), Two (2) and Three (3), which guidelines shall supplement the
applicable restrictive covenants set forth in the Declaration.
DATE: September 22, 1999
Original executed by:
BOARD OF DIRECTORS:
Joanne McIntyre, President
Andrew Mastroianni, Vice President
Leslie Rawlings, Secretary/Treasurer
Michael Whitworth, Member
Elaine Dady, Member
A.
1.
Submission.
All applications for approval to make any exterior changes, additions or
improvements must be submitted to the ARC in writing by completing the
application form currently in use by the ARC, a copy of which is attached
hereto as, Exhibit “A”, or such form as may hereafter be adopted by the
ARC. Plans and specifications for any
exterior change, addition or improvement should be attached to the application. A properly completed application shall
include, but not be limited to a lot survey (or a lot drawing reflecting
property to scale), plans, specifications, 5 paint chips of a 1” x 1” size,
start date requested, and signature.
The ARC reserves the right to request at any time any additional
information deemed by it to be necessary to properly evaluate the
application. In the event that the ARC
Requests additional information and such information is not submitted to the
ARC by the applicant in a timely manner (so that the application may be
approved or disapproved within thirty (30) days of the receipt of the
additional information), the application shall be denied, by the usual written
notice. However, the applicant may
thereafter submit a revised application, with the requested information to the
ARC for its review. All applications
shall be mailed or delivered, faxed or electronically delivered where
applicable, to the office of the managing agent of the Association.
2.
Review. The
ARC shall endeavor to review each application as soon as possible after the
date of its receipt. Each decision of
the ARC shall be in writing and include a statement of the conditions under
which the application is approved, if any, or the reasons for denial of the
application. If the application is approved under specific conditions, these
conditions must be strictly adhered to and met. If the applicant fails to
strictly adhere to all conditions of approval, the ARC’s approval shall become
void, at which point work on the exterior changes, additions or improvements
must immediately cease. The ARC or the Board of Directors may also require all
unauthorized exterior changes, additions or improvements to be removed and the
property restored to its previous condition, all at the expense of the owner or
occupant of the property. Any application which has not been approved or
disapproved within thirty (30) days of its receipt shall be deemed approved;
provided, however, that any such approval shall be deemed to relate to
architectural guidelines only, not to any of the use restrictions set forth in
the Declarations. Unless otherwise
stated in the ARC’s written response, all approved exterior changes, additions
or improvements shall be commenced within sixty (60) days of the approval
notification and completed within thirty (30) days of the date of construction,
installation or erection is commenced.
3.
Appeal. In the
event that the ARC disapproves an application, the applicant may submit to the
ARC a written request for reconsideration within thirty (30) days of
denial. The applicant may submit with
the written request for reconsideration an explanation of additional or
extenuating circumstances or any other additional information, which the
applicant considers relevant to the original application. The ARC shall review the request for
consideration and then notify the applicant in writing of its final
decision. In the event that the ARC
denies the request for consideration the applicant may submit to the Board of
Directors of the Association the written request for reconsideration. The Board of Directors shall review the
request for reconsideration at the meeting of the Board of Directors next
following the date upon which the request is received unless circumstances
dictate otherwise and notify the applicant of the Board’s decision. All decisions of the Board of Directors
shall be final. During the period of
the entire appeal process, the decision of the ARC on the original application
shall remain in effect; further, an appeal of a decision of the ARC shall not
be considered a new application resulting in approval of the original
application if a response to the request for reconsideration is not submitted
by the ARC or the Board of Directors within thirty (30) days of its receipt.
B.
The ARC shall consider the following
factors upon the review of each application for an exterior change, addition or
improvements:
1.
Size and Dimension
2.
Color and harmony with existing structures and
improvements.
3.
Quality of materials;
4.
Location;
5.
Harmony and appeal of exterior design;
6.
Quality of construction;
7.
Elevation;
8.
Impact on neighboring lots and the community;
9.
The provisions of applicable statutes, ordinances,
building codes and covenants, conditions and restrictions.
10.
Existing structures on both the applicant’s property
as well as surrounding properties.
11.
Original intended look and quality of appearance
designed for the subdivision and area from its beginning design and
development.
12.
The consequences on property value and appearance to
surrounding properties and the subdivision at large.
13.
The consequences of a physical change upon a property
if applied universally throughout the subdivision.
14.
The long term benefit, consequence, or harm to the
subdivision at large.
Provided, however, that the approval of an application
shall not be construed as a warranty or representation by the ARC that the
change, addition or improvement, as proposed or as built, complies with any or
all applicable statues, ordinances or building codes, or as a warranty of
representation by the ARC of the fitness, design or adequacy of the proposed
construction.
C.
1.
Pickets. All
fences situated parallel to the front lot line or parallel to a side street
adjacent to a corner lot shall be constructed with the pickets on the outside
so that no posts or rails be visible from the street in front of the lot or
from the side street. All pickets visible from public streets must be
vertically installed. The maximum
height of a fence is six (6) feet.
2.
Rot Boards. A
rot board will be allowed so long as it is approved by the ARC and the
resulting external view of the fence shall remain consistent with the
harmonious look of the lot, surrounding lots, and the subdivision itself. However, the entire height of the fence
still cannot exceed six (6) feet in height.
3.
Gates. All
gates shall either be constructed of wood or wrought iron. Gates shall be in likeness or harmonious
with the fence in which it is attached as well as the rest of the structures on
the property itself.
4.
Color. No portion of a fence, which is visible from
any street, may be painted. A clear or colorless stain proposed for the purpose
of preserving the wood may be applied to the exterior of a fence visible from a
street so long as the stain is approved by the ARC in accordance with the
General Guidelines. The ARC shall consider the proposed color of the external
view of a fence only in the matter of an approvable stain used as a
preservative resulting in the preservation of the natural look of the wood
fence. The resulting external view of
the fence shall remain consistent with the harmonious look of the lot,
surrounding lots, and the subdivision itself.
(See Section I of these Guidelines).
5.
Setback Lines.
Fences may not be constructed on a lot forward of any applicable setback
lines, unless approved in writing by the ARC.
6.
Fence Repair. Any fence, which is sagging, has rotten
or missing pickets or otherwise falls into disrepair must be immediately
repaired or replaced. The materials used to repair a fence shall be the same
type, quality and grade of materials used in original construction. Repairs
made to a fence using the same type, quality and grade of materials used in the
original construction of the fence need not be approved in advance by the ARC;
however, repairs involving different materials or new fences must be approved
in writing by the ARC prior to the commencement of the work. The ARC or the
Board of Directors may require the removal or modification of any fence which
is either repaired with materials, which are different from those, used
during original construction or which is replaced with a new fence without the
ARC’s prior approval.
D.
An application for the construction of a swimming pool
(either inground or substantially sized above ground), spa or jacuzzi must
include a plot plan or drawing to scale of the property showing the proposed
location of the swimming pool, spa or jacuzzi in relation to the property
lines, building lines, easements, existing structures and existing or proposed
fences. The application shall also
include a proposed timetable for construction of the swimming pool, spa or
jacuzzi. No swimming pool shall be
approved unless the area in which the pool is to be located is enclosed by a
six foot (6’) approved fence [or such a fence is proposed to be constructed in
conjunction with the swimming pool.] At
all times during the construction of a swimming pool, spa or jacuzzi, the area
in which the pool, spa or jacuzzi is to be located shall be enclosed by a
temporary or permanent six-foot (6’) fence. Further, no building materials
shall be kept or stored in the street overnight. Swimming pools cannot be enclosed with screens.
The application must also contain in detail the type
of filtration equipment to determine adequate backwash pathways where
needed. It should also contain a detail
description of all construction and composition of pool structure and make-up.
Absolutely no work related to the construction or
installation of a swimming pool, spa or jacuzzi shall commence until written
approval has been issued by the ARC or Board of Directors. The ARC or Board of
Directors may require all unauthorized work to be either modified or removed
and the property restored to its previous condition, all at the expense of the
owner or occupant of the property.
Above ground pools are allowed subject to ARC
approval, and as long as the pool has been approved for proper location,
drainage and is not visible from any public street.
E.
Any type of building which exists on a lot
but is not attached to the residential dwelling on a lot, other than the
dwelling itself or a detached garage or a gazebo, shall be considered an
outbuilding, including tool and/or storage sheds and playhouses.
Only one (1) outbuilding not exceeding ten feet (10’)
in length, ten feet (10’) in width and eight feet (8’) in height shall be
permitted on a lot. The standard, type,
quality and color of the materials used in the construction of an outbuilding
shall be harmonious with the standard, type, quality and color of the materials
used in the construction of the main residence on the lot. Metal constructed storage buildings can be
approved if they are professionally constructed or manufactured and are in appearance
in like quality to the main portion of the house.
An outbuilding shall be located on the
rear portion of the lot, but not permanently impeding any easement. No window in an outbuilding may face an
adjacent lot. Further, if an
outbuilding is to be constructed on a lot, the rear portion of the lot must be
enclosed with a six (6) foot fence or such a fence must be proposed in
conjunction with the application for approval to construct the
outbuilding. No portion of an
outbuilding may act in any way as a fence or property barrier in itself.
A fence approved in conjunction with an
application for approval to construct an outbuilding must be completed within
thirty (30) days of the date that the outbuilding is constructed or
erected. Gazebos shall not be used for
the storage of any types of tools or equipment. No outbuilding may impede drainage on the lot or cause water to
flow onto an adjacent lot.
The ARC or the Board of Directors may
require any unauthorized outbuilding to be either modified or removed and the
property restored to its previous condition, all at the expense of the owner or
occupant of the property.
F.
Patio covers are permitted subject to
approval by the ARC. The standard,
type, quality and color of the materials used in the construction of a patio
cover must be harmonious with the standard, type, quality and color used in the
construction of the main residence; provided, however, that corrugated roofs or
covers shall not be permitted under any circumstances.
G.
Decks must be approved by the ARC with
respect to location and the standard, type, quality and color of the materials
used in the construction. The ARC may require appropriate fences if any portion
of a proposed deck would otherwise be visible from any street or an adjacent lot.
The ARC or Board of Directors may require any unauthorized deck to be
either modified or removed and the property restored to its previous condition,
all at the expense of the owner or occupant of the property.
H.
1.
Change to Existing Lighting. Outside lighting which was installed at the
time of original construction or which was installed after the original
construction with the approval of the ARC may be replaced with a new fixture
provided that the wattage of the new fixture does not exceed the wattage of the
existing fixture or 120 watts, whichever is greater. Existing gas lighting may be converted to an electric
incandescent bulb provided that (a) the incandescent bulb is a clear glass
type; (b) the wattage of the bulb does not exceed 100 watts and (c) the
lighting color is white.
Fixtures of already existing lighting must be
maintained in the manner and quality in which they were intended upon the
original installation, at the owner expense.
The ARC or
the Board of Directors may require any unauthorized, deteriorated and
unattractive, or unsafe lighting to be removed at the expense of the owner or
occupant of the property.
2.
New Lighting
All fixtures must meet manufacturer’s recommended installation
standards and all liability concerning this matter is the sole responsibility
of the Homeowner and/or resident.
a.
Security Lighting.
Exterior wall, soffit or pole mounted security lighting may be permitted
by the ARC so long as each lighting fixture does not exceed 150 watts, the
lighting fixture does not extend higher than seven feet (7’) feet above the
ground, and the location of the lighting fixture does not, in the sole judgment
of the ARC, unreasonably interfere with or inconvenience any other resident.
b.
Landscape Lighting.
Exterior landscape lighting shall be permitted with the ARC’s approval
so long as the lighting is located within flowerbeds, shrubs or trees.
c.
Gas Lights.
Two gaslights per lot shall be permitted with the ARC’s approval with
regard to appearance, locations and meeting manufacturer’s installation
standards and other relevant points; provided that the gas lighting color is
white.
d.
Flood and Spot Lighting. Flood and spot lighting shall be permissible with the ARC’s
approval so long as:
1)
The wattage in each lamp does not exceed 150 watts and
the wattage in each fixture does not exceed 300 watts.
2)
All fixtures are mounted under an eave, to a soffit or
to an exterior wall and mounting does not exceed seven (7) feet.
e.
Annoyances.
All new lighting that is approved by the ARC shall be subject to a
sixty- (60) day trial period to assure that the lighting is not objectionable
to surrounding residents. If, at the
end of the sixty (60) day period, the ARC determines that the lighting is not
unreasonably offensive or an annoyance to surrounding residents, the ARC’s
approval shall be final; otherwise, the lighting shall be removed or modified
in accordance with the decision of the ARC with all costs of both installation,
equipment and removal being the sole responsibility of the Homeowner and/or
resident.
I.
PAINTING
All exterior repainting requires ARC approval
regardless of the paint color choice even if the color of choice is the same
color currently on the house. A color
sample or “paint chip” of the proposed exterior color of any new addition or
improvement must be attached to each application submitted to the ARC. To be considered by the ARC, a paint sample
is defined as five (5) separate 1” x 1” pieces of the paint sample. The ARC has established and shall maintain a
chart depicting the acceptable colors and shades of colors for the exterior of
homes and other improvements on lots within the subdivision. Each color sample or paint chip shall be
compared to the colors and shades of colors set forth on the color chart to
assure that each approved color is harmonious with the color scheme established
for the subdivision.
Colors approved for trim can not be used
on the main portion of the home. No color approved for a portion of the
exterior of a house (such as the trim) may be used on any other portion of the
exterior of the house without the prior written approval of the ARC. The ARC or
the Board of Directors may require any unauthorized painting to immediately
cease; it may require a home which is painted an unapproved color to be
repainted with a color approved by the ARC, all at the expense of the owner or
occupant of the property. The garage
door must be painted to match either the main or trim painted portion of the
home.
J.
1.
Materials. A
sample of the proposed shingle to be placed on any existing or any new
improvement must be attached to each application submitted to the ARC. The ARC has established and shall maintain a
chart depicting the acceptable type, quality and color of roofing materials for
homes and other improvements on lots within the subdivision. Metal, aluminum, wood or any other material
other than composition roofing material is not allowed. Each shingle shall be compared to the
samples set forth on the roofing materials chart to assure that each approved
shingle is an acceptable type and quality and that its color is harmonious with
the color scheme established for the subdivision. The appearance and roofing design are also considered for its
harmonious balance of the neighboring homes.
The color of each roofing material must not only be an earthtone, but
also an acceptable shade of an earthtone color.
The ARC or
the Board of Directors may require any unauthorized roofing work to immediately
cease; it may also require an unauthorized roofing material to be removed and
replaced with an approved roofing material, all at the expense of the owner or
occupant of the property.
2.
Roofing Additions.
No skylights, solar panels or similar types of additions shall be
permitted on the front of the roof ridgeline and/or gable of a structure.
K.
BASKETBALL GOALS
Basketball goals shall be permitted
subject to the prior approval of the ARC and the following:
1. Permanent
Basketball Goals
a.
A white nylon net shall be maintained on the rim at
all times. The net shall be replaced in
the event that it becomes frayed or torn.
b.
An orange steel or aluminum rim shall be affixed to
the backboard at all times. The rim
shall be repaired or, if necessary, replaced in the event that it becomes
broken or bent.
c.
The backboard must be fiberglass or of similar material
and painted white with the exception of an orange square outline above the
rim. Wood backboards are not
allowed. The backboard shall be
repainted, repaired or replaced in the event that the surface of the backboard
becomes chipped or cracked or the backboard become warped or unaligned.
d.
All mounting supports must be steel or aluminum and
painted the same color as the exterior color of the structure upon which they
are mounted. The pole, on which the
backboard is mounted, if applicable, must also be steel or aluminum and painted
either silver or black. The pole, if
applicable, and all mounting supports must be maintained in an attractive
condition.
e.
With the exception of maintenance and repair, a
basketball goal shall not be modified in any respect nor shall its location be
changed from the location approved by the ARC.
f.
An exception to items (b) and (c) above shall apply
when a gray (off white) graphite backboard is approved, then a black rim and
black outline above the rim shall be mandatory.
g.
Upon approval and written notification of that
approval the owner must complete and return the legal agreement supplied them
by the managing agent of the Association prior to installation of the approved
basketball goal.
2. Portable
Basketball Goals
a.
In the case of portable basketball goals, the color
and materials code for permanent basketball goals apply and are permitted
subject to the approval of the ARC.
With the application there must be a reasonable drawing of the location
of the portable goal.
b.
Basketball goals that are not installed as permanent
structures are subject to the same guidelines as other basketball goals unless
stored so as not to be visible from any street that borders the property.
c.
When in use, the basketball goal must not obstruct
pedestrian or vehicular traffic on sidewalks, streets or other common
areas. It must be located no nearer
than ten (10) feet from a sidewalk.
d.
The basketball goal must not be located on or
alongside of a driveway on which an adjacent house has exposed first story
windows or doors facing said driveway.
e.
When in use, the basketball goal must be located no
closer than fifteen (15) feet to an adjacent lot’s amenities (air conditioning
unit, driveway, landscaping, utility meter, etc.).
f.
The basketball goal must have an appropriate anchoring
device. Items such as trash cans,
firewood, etc. Are not considered appropriate.
g.
The Board may require removal of any basketball goal
that it reasonably determines to be a nuisance, either to the neighbors or by
reason of being in a state of disrepair.
The ARC or Board of Directors may require a resident who applies for
approval to install a basketball goal to agree in writing to remove the
basketball goal upon the request of the Board of Directors if, in the Board’s
sole judgement, the basketball goal is either not being properly maintained or
is being used in a manner that unreasonably disrupts surrounding residents. The
signing of this agreement is considered a part of the ARC approval.
L.
1.
Birdhouses.
Birdhouses shall be permitted subject to approval of the ARC and the
following:
a.
A birdhouse shall not be visible from the street in
front of the lot.
b.
No birdhouse shall be larger than two (2) feet in
width, two (2) feet in length and two (2) feet in height.
c.
No more than two (2) birdhouses shall be permitted on
a lot.
d.
No birdhouse shall be situated higher than ten (10)
feet above the ground.
e.
The materials used in the construction of each
birdhouse and the color of each birdhouse must be harmonious with the home and
other improvements on the lot.
2.
Benches and swings.
Benches and swings visible from any street shall be permitted subject to
approval of the ARC and the following:
a.
No bench or swing with an A-Frame construction or with
an awning will be allowed.
b.
The size of the bench or swing must be harmonious with
the home and other improvements on the lot.
c.
No more than one (1) bench or swing shall be permitted
on a lot.
d.
The material used in the construction of the bench or
swing must be harmonious with the home and other improvements on the lot.
3.
Awnings.
Awnings that are visible from the street in front of the lot shall not
be permitted. Awnings on the rear
portion of a lot must be one (1) color.
All awnings must be approved by the ARC. If an awning is constructed and found to be unapprovable, all
costs for its removal or improvements are the sole responsibility of the
Homeowner and/or resident.
4.
Satellite Dish Antenna. Satellite dish antenna greater than l mtr. in diameter which are
visible from any street shall not be permitted.
5.
Circular Driveways.
Circular driveways on the front portion of a lot shall not be
permitted. However, partially curved
driveways are allowed in the case where the garage has been constructed as part
of the house and sits perpendicular to the front line of the main portion of
the house.
6.
Garage Conversions.
Each garage, whether used for the storage of vehicles or not must
maintain the outward appearance of a garage.
A garage, regardless of its composition and makeup, must match in color
the main portion of the house itself.