ARCHITECTURAL DESIGN GUIDELINES
EASTWOOD
COMMUNITY ASSOCIATION
A
HANDBOOK FOR EASTWOOD AND PRESERVE HOMEOWNERS
Revision
0 – August 22, 2001

This document is available on paper for a copying fee from
the management company’s office, the Association’s Modification Committee or
the local community’s Architectural Review Committee. All online versions are
derived from the official document - in case of differences, the version
available from the Management Company’s office or the Association’s Modification
Committee is the version to be used. The Modifications Committee will endeavor
to keep the online copy current and correct, but no guarantee is given.
THESE
GUIDELINES ARE SECONDARY TO AND SUPPLEMENT THE DECLARATION OF COVENANTS AND
RESTRICTIONS ("C&Rs").
FOR ADDITIONAL INFORMATION ABOUT ACCEPTED MODIFICATIONS TO
YOUR HOME, CONSULT THE ARCHITECTURAL REVIEW POLICY.
2.0 BASIS FOR AND OBJECTIVES OF PROTECTIVE
COVENANTS
3.0 ROLE OF THE MODIFICATIONS COMMITTEE
5.0 ALTERATIONS REQUIRING REVIEW AND APPROVAL BY
THE MODIFICATIONS COMMITTEE
7.0 NEIGHBORHOOD DESIGN STANDARDS AND GUIDELINES
8.0 APPLICATION
AND REVIEW PROCEDURES
8.3 SEQUENCE AND TIME FRAME FOR COMPLETION OF
THE REVIEW
8.4
NOTICE OF APPROVAL/DISAPPROVAL
10.10
EXTERIOR AIR CONDITIONERS
10.11
EXTERIOR DECORATIVE OBJECTS
10.21
IN-GROUND WATER SPRINKLER SYSTEMS
10.24
RECREATION AND PLAY EQUIPMENT
10.25
SATELLITE DISHES, WIRELESS CABLE AND TELEVISION BROADCAST ANTENNAS
10.32
STORM/SCREEN DOORS AND WINDOWS
10.34
TREE DISTURBANCE (Common Areas, Lots, Dwelling Units and Conservation Areas)
10.35
VEGETATION REMOVAL (Common Areas and Conservation Areas)
Appendix I -
Architectural Review Application
Appendix II –
Wood, Vinyl and Ornamental Fencing Specifications
General
Fence Specifications - Wood
General
Fence Specifications - Vinyl
General
Fence Specifications – Ornamental
Appendix III -
Landscaping Specifications
Appendix III -
Landscaping Specifications
General
Landscape Requirements
Minimum
Irrigation Specifications
Accent
Trees and Specimen Shrubs/Palms
Evergreen
Shrubs and Hedges Plants
Appendix IV –
Umbrella Clothesline Specifications
1.1 Purpose:
The primary purpose of this handbook is to familiarize homeowners of Eastwood
and The Preserve at Eastwood with the objectives, scope and application of
design standards and guidelines that are intended and will be employed to
maintain the aesthetic appearance and environmental quality of the Eastwood and
Preserve communities.
1.2 Scope:
The handbook enumerates specific design standards and guidelines that have been
adopted by the New Construction Committee and the Modification Committee. It
also explains the application and review process that must be adhered to by
homeowners seeking approval for any exterior modifications or changes to their
homes or lots that are subject to approval by the Association.
1.3 Use: This handbook will serve as a valuable
reference source and will assist homeowners in preparing acceptable
applications for review by the Association's Modifications Committee. All
homeowners are encouraged to familiarize themselves with its contents and to
retain the handbook for future use.
2.1 Legal
Basis: The legal documents for the Eastwood Community Association contain
covenants, including those pertaining to design standards. Legally, these
covenants are a part of the deed for each home and are binding upon all initial
homeowners and their successors in ownership, regardless of whether or not
these owners are familiar with such covenants.
2.2 Objectives: The primary purpose of
design covenants is to maintain environmental and architectural design
standards for the entire community. The promulgation and enforcement of design
standards is intended to achieve the following objectives:
1.
maintain consistency
with the overall design concept for the community,
2.
promote harmonious
architectural and environmental design qualities and features, and
3.
promote and enhance
the visual and aesthetic appearance of the community.
2.3 Enforcement:
The enforcement of design standards not only enhances the appearance of a
community but also protects and preserves property values. Homeowners who
reside in association communities that enforce design covenants are protected
from actions of neighbors that may detract from the physical appearance of the
community and, in some cases, diminish property values. In fact, surveys of homeowners
living in association communities consistently reveal that this was an
important consideration in their decision to purchase a home.
3.1 Membership:
All homeowners at Eastwood are automatically members of the Eastwood Community
Association. The Association is a Florida non-stock, not-for-profit corporation
that owns and is responsible for the upkeep and maintenance of all common
properties within the community.
3.2 Responsibilities
of the Association: The Association is also responsible for the
administration and enforcement of all covenants that are applicable to property
owners, including design standards and restrictions. The Declaration for the
Eastwood Community Association (Article VI) provides that responsibility for
the enforcement of design standards shall be exercised through a Modifications
Committee, the members of which shall be appointed by the Board of Directors of
the Eastwood Community Association.
3.3 Responsibilities
of the Modifications Committee: The primary responsibility of the
Modifications Committee is very broadly defined as follows (Article VI of the
Declaration):
" The Association shall have a Modifications Committee
("MC") which shall consist of at least three (3) and no more than
five (5) members, all of whom shall be appointed by the Board of Directors. The
MC shall have exclusive jurisdiction over modifications, additions, or
alterations made on or to Lots, existing Dwelling Units or structures
containing Dwelling Units and the open space, if any, appurtenant to such
Dwelling Units, except for structures on the Commercial Acres. A separate Modifications Committee shall be
established exclusively for the Commercial Acres. The Commercial Acres
Modifications Committee shall consist of at least three (3) and no more than
five (5) members, all of whom shall be appointed by the Board of
Directors. The Commercial Acres
Modifications Committee shall have exclusive jurisdiction over modifications,
additions, or alterations made on or to the Commercial Acres.”
There may be
overlapping membership for the Board of Directors and the Modifications
Committee.
3.3.1 The Modifications Committee shall be
responsible for enforcing the Association's Design Guidelines with respect to
exterior modifications to homes and lots proposed by lot owners, other than the
Declarant (developer) or a participating builder. The Committee shall review
and approve (or disapprove) applications submitted by lot owners for visible
exterior additions, alterations or modifications to a home or lot. The
Committee's review process shall be governed by the Design Guidelines
promulgated by the New Construction Committee or those enacted by the
Association’s Board of Directors.
3.3.2 The Modifications Committee has no review or
approval authority with respect to construction activities of the Declarant or
individual builders as to the original construction and warranty repairs of
dwelling units. The Association's legal documents provide that the construction
activities of the Declarant and builders are subject to Association approval by
a New Construction Committee, the members of which are appointed by the
Declarant until such time as all lots are conveyed to someone other then the
developer or builder. The Declarant has established a comprehensive set of
design standards for builders and requires that builders submit construction
plans for approval to the New Construction Committee.
3.3.3 As part of its
responsibilities, the Modifications Committee may make recommendations to the
New Construction Committee with respect to the modification of the Design
Guidelines initially approved by the Board.
4.1 Background:
The Eastwood Community Association’s Covenants & Restrictions and By-laws
allow a neighborhood to have a Neighborhood Committee. Additionally, many communities had formed
Architectural Review Committees to review and recommend applications to the
Modifications Committee.
Prior to Turnover of
the Association by the developer to the residents, the Modifications Committee
was comprised of the developer and its designees.
4.2 Responsibilities:
The primary responsibility of the Neighborhood Committee is defined as follows
(Article III, Section 3, Subsection (b) of the Declaration):
(b)
Neighborhood. A Neighborhood
is a separately designated, developed residential area comprised of similar
types of housing which initially or by amendment are made subject to this
Declaration; for example, and by way of illustration and not limitation, fee
simple townhomes, single family detached houses, rental apartments and
condominiums. In the absence of
specific designation of separate Neighborhood status, all Properties made
subject to this Declaration shall be considered a part of the same
Neighborhood; provided, however, the Declarant may designate in any
Supplemental Amendment adding property(ies) to the terms and conditions of this
Declaration that such property(ies) may constitute a separate Neighborhood or
Neighborhoods.
(i)
A Neighborhood may or may not have an association and, therefore, the Declarant
may cause the formation of a Neighborhood Committee to act as advisors to the
Association. Neighborhoods shall be
governed by a Committee composed of three (3) to five (5) people, elected
annually by the Owners residing or owning property within the Neighborhood in
the manner provided in Article IX, Section 5 of the By-Laws ("Neighborhood
Committee").
(ii) As plats for parcels within the Total Property are
prepared to be filed, the Declarant may determine if such parcel is in need of
a formal Neighborhood Association. The criteria for making this determination
will be based on the complexity of the land use, the amount of Common
Properties to be in that Neighborhood for use by that Neighborhood, or the
requirements of Florida law. For
example, any such parcel which is submitted to the condominium form of ownership
is required to have a formal Neighborhood Association.
4.3 Role: The role of the Neighborhood
Committee, Neighborhood Architectural Review Committee (if one exists) or the
Neighborhood Association (Turnberry Pointe) will be to receive and review
architectural review requests.
By agreement with the
ECA Modifications Committee, if a controlling neighborhood entity does not wish
to receive and review architectural review requests, such requests will be
forwarded directly to the ECA Modification Committee. The neighborhood entities, whether they are a Neighborhood
Association, Neighborhood Committee or an Architecture Review Committee, shall
notify all residents of that neighborhood of the proper method of submitting an
Architectural Review Application.
The neighbor entity
will review the architectural review requests for completeness, clarity,
understanding and readability/reproducibility.
The local entity reviewing the application will determine if a pre or
post construction walk-through is required and if so may perform the
walk-through(s).
The neighbor entity
will be supplied with a detailed “Reviewer’s Guidelines” document to help them
accomplish this task. The neighborhood
entity will not make the final determination on the acceptability of the Architectural
Review application. The ECA
Modifications Committee will make that determination.
After the
neighborhood entity determines that the application is ready for review by the
Modifications Committee, it will be forwarded per the process outlined in
Section 8.0.
5.1 Scope:
Essentially all changes to the exterior appearance of a building or lot, be
they permanent or semi-permanent , are subject to review and approval by the
Modifications Committee. The review process is not limited to major additions
or alterations, such as adding a room, deck, or patio. It includes such minor
items as changes in color and materials. Approval is also required when an
existing item is to be removed.
5.2 Exceptions
to Scope: There are a number of exceptions to this otherwise inclusive
review requirement.
1. Building exteriors may be repainted or re-stained provided
that there is no color change from the original. Similarly, exterior building
components may be repaired or replaced as long as there is no change in the
type of material and color.
2. Minor landscape modifications will also not require an
application. This includes single specimen plantings, annuals and accepted
mulch bed edging (see section on Landscaping). In general, landscape
modifications of a small scale which do not materially alter the appearance of
the lot, involve a change in topography or grade and which are not of
sufficient scale to constitute a natural structure will be exempt from the
design review process.
3. The
installation of sixteen (16) or fewer "path lights" will not require
an application. The installation of seventeen (17) or more "path
lights" will require an application.
Subsequent installations of path lights that, when combined with the
existing lights, exceed sixteen (16) lights shall require approval.
If there is any doubt
as to whether or not a proposed exterior change is exempt from design review
and approval, homeowners should first seek clarification from the Modifications
Committee before proceeding with the modification.
5.3 Certificate of
Compliance
5.3.1 The
Architectural Review Application will identify those projects requiring a final
inspection (post construction review) and issuance of the Certificate of
Compliance.
5.3.2 A Certificate
of Compliance may be requested at any time by writing to the Association’s
Property Manager or the Modifications Committee. The Property Manager or Modifications Committee member will visit
your property and review the Modifications Committee files. A Certificate of Compliance will be issued
if (i) there has been no modification to the property or (ii) all modifications
have been installed to the plans and specifications approved by the
Modifications Committee.
6.1 Rational: There is an advantage to design standards
and guidelines which provide definitive "do's and don'ts", with no
reliance on subjective opinion. Such specificity provides clear guidance to
homeowners as to whether or not contemplated improvements will be permitted.
To the extent
possible, specificity has been incorporated in the design standards. However,
total specificity is neither possible nor desirable. The appropriateness and
acceptability of particular modifications, particularly those of a major
nature, may depend on a number of circumstances and factors that must be
documented and evaluated on a case-by-case basis. A modification that is
appropriate for one residence, lot size or location may be inappropriate in
another situation.
6.2 Criteria:
The criteria listed below provide the basis for both the development of design
guidelines and the evaluation of individual design proposals by the
Modifications Committee.
1. Design Compatibility.
The proposed modification should match the architectural characteristics of the
applicant's house, and be compatible with adjoining houses and the neighborhood
setting. Compatibility is defined as similarity in architectural style, quality
of workmanship, and similar use of materials, color and construction details.
2. Scale. The scale of
the proposed modification should relate to the size of the applicant's home,
the location and size of the lot, adjoining homes and surroundings. This
criteria applies to both structural and landscape modifications.
3. Impact on Neighborhood.
The proposed modification should relate favorably to the landscape, the
applicant's home, adjacent homes and the neighborhood. Consideration will be
given to both visual and functional impacts on neighbors. Visual impact refers
to the aesthetic appearance of the proposed modifications, which includes
consideration of design quality, scale, location and architectural
compatibility. Functional impact refers to such concerns as view, sunlight,
ventilation and drainage. Examples of adverse functional impacts include
structural additions that would cause a material loss of sunlight or
ventilation to a neighboring dwelling, and an alteration in topography that
would change natural drainage patterns to the detriment of a neighboring
property.
4. Color and Materials.
Continuity or compatibility of color and finishing materials with the original
construction and surrounding dwellings will be a specific consideration in
evaluating appropriateness of proposed modification.
5. Relationship to Environment. Proposed modifications should not have a negative impact
on the natural environment. The removal of trees or other vegetation, grading
and other topographical alterations will be assessed for potential adverse
impacts, such as material change in the rate and/or direction of storm water
run-off and soil erosion.
6.3 The affect of all construction on
neighboring properties and common areas will be considered in the planning and
execution of all major projects.
Construction such as pool installation, fence erection or other major
structure erection will have a significant impact on your neighbors and the
common areas near your property. As
such, the following are required for all fence, pool, screen house, screen
enclosure and any other major structural erection.
6.3.1 Notification of your neighbor is recommended
and encouraged by the Modifications Committee and the Eastwood Community
Association Board of Directors. To
evaluate any adverse impact on your neighbors and common areas, the
Modifications Committee may require a pre-construction review of the proposed
project.
6.3.2 Common areas
and/or right-of-way areas (sidewalk and the easement strip between the sidewalk
and the roadway) are adjacent to all residences in Eastwood and the
Preserve. This area must not be blocked
during construction and any damage due to the homeowners project must be
repaired within one month of completion of that portion of the project creating
the damage. If more than one month is
required, this shall be brought to the attention of the Modifications Committee
for approval of an extension.
6.3.3 Properties
adjacent to your home that may be impacted adversely and in all instances where
damage to lawn, landscaping or other property not of your own may occur, you
must notify the affected party. Any
trespass on an adjacent property must be approved by the owner of that
property. Any damage to an adjacent
property must be repaired to the adjacent property owner’s satisfaction within
two weeks of completion of that portion of the project creating the
damage. If more than two weeks is
required, this shall be brought to the attention of the Modifications Committee
and the property owner affected.
Approval of an extension is required by both the Modifications Committee
and the affected property owner.
6.3.5 Any damage to
lawn and landscaping on your property must be repaired within one month of
completion of that portion of the project creating the damage or when no
additional damage is expected. This
includes the replacement of lawn and landscaping damaged by workman and
machinery.
6.3.4 Any damage to adjacent properties, common
areas or your own property not repaired and returned to its original condition
as required above will be considered a violation of this document with enforcement
provisions per Section 9.0 applicable.
7.1 General
Applicability: The design standards and guidelines detailed in this
handbook shall be applicable to all single-family residential lots in the Eastwood
Community, which includes lots improved with single-family detached
dwellings. In addition, supplemental
design standards and guidelines that are specific to each individual
residential neighborhood may be developed, as necessary and appropriate.
7.2 Neighborhood
Guidelines: Neighborhood guidelines will address standards based on
distinct features and characteristics of the living units, lots, and
neighborhood environment for the individual neighborhoods. The New Construction
Committee will develop such guidelines with input from the residents of the
individual neighborhoods and their Architectural Review Committees if one
exists. Once all lots are conveyed to
someone other than a builder, the Modification Committee will develop such
guidelines with input from the residents of the individual neighborhoods and
their Architectural Review Committees if one exists.
7.3 Supplemental
Design Standards: For supplemental design standards specific to the
individual neighborhoods to be considered, conveyance of fifty percent (50%) of
the units in the neighborhood to persons other than a builder must have
occurred, and neighborhoods must obtain the consent of seventy-five percent
(75%) of the neighborhood unit owners. Until such time as one hundred percent (100%)
of the Properties in Eastwood have been developed and conveyed to purchasers,
the Neighborhood Committee Chair must present the proposed change to the New
Construction Committee (NCC) for a decision. Upon the expiration of the rights
of the NCC, once the neighborhood has approved the change, the Neighborhood
Committee Chair must present the proposed change to the Modifications Committee
for review and approval.
Application and
review procedures that will be used by the Modifications Committee are detailed
below.
8.1.1 All applications for proposed
modifications must be submitted in writing using the application form
authorized by the Modifications Committee. A copy of the standard form (Appendix
A, Exhibit 1) is included in this handbook. Applications must be complete in
order to commence the review process. Incomplete applications will be returned
to the applicant with a statement of deficiencies to be remedied in order to be
considered for review.
8.1.2 Two (2) copies of applications
must be submitted. One original and one
first generation copy are acceptable.
Both shall be legible. Fax
copies will not be acceptable.
8.2.1 The
application must include a complete and accurate description of the proposed
modification(s). In order to permit evaluation by the Modifications Committee,
supporting exhibits will frequently be required. Examples include: sites plan
showing the location and dimensions of the proposed modifications;
architectural drawings or plans, as applicable; landscape plan; material and/or
color samples, etc. The design guidelines and application form provide guidance
with respect to the supporting documentation required for various types of
modifications.
8.2.2 Two (2) copies of all supporting
documents must be submitted. Two (2)
first generation copies are acceptable.
Both shall be legible. Fax
copies will not be acceptable. Do not
submit originals as they will not be returned.
8.3.1 Applications will be submitted in the following hierarchy.
8.3.1 The
Modifications Committee is required to approve or disapprove any proposed
modification within thirty (30) days after the receipt of a properly completed
application. However, the thirty day review period will only commence upon the
receipt of a complete application form, including any required exhibits. It is
therefore advisable for homeowners contemplating substantial modifications to
first ensure that they are aware of all required supporting documentation prior
to submitting a Architectural Review Application.
8.3.2 Routine
processing typically includes the following steps. For neighborhoods with Architectural Review Committees (ARC),
Neighborhood Association (NA) and/or Neighborhood Committees (NC), the
applicant will be communicating directly with their neighborhood’s ARC, NA or
NC.
A. An application is submitted to the Modifications Committee.
In the case of neighborhoods with
Architectural Review Committees (ARC), Neighborhood Associations (NA) and/or
Neighborhood Committees (NC), the application is submitted directly to their
contact person.
B. If the application is complete, the Modifications Committee
schedules the application for consideration at the next Modifications Committee
meeting.
In the case of neighborhoods with
Architectural Review Committees (ARC), Neighborhood Associations (NA) and/or
Neighborhood Committees (NC), their contact person submits the application
directly to the Modifications Committee.
C. If the application is incomplete, the Modifications
Committee communicates with the
applicant on necessary additional application information.
In the case of neighborhoods with
Architectural Review Committees (ARC), Neighborhood Associations (NA) and/or
Neighborhood Committees (NC), the committee chair or lead will contact the
applicant.
8.3.3 Applicants may
request the Modifications Committee reconsider disapproval decisions (see
"Reconsideration Procedure" which follows).
8.4.1 Homeowners who
have submitted Architectural Review Applications will be given written notice
of the decision of the Modifications Committee.
8.5.1 Homeowners who
have submitted Architectural Review Applications may request that the
Modifications Committee reconsider a denial or a stipulation of approval if the
applicant believes that the Modifications Committee did not receive or may not
have been aware of certain circumstances that may have resulted in a different
decision. A homeowner may request the Modifications Committee reconsider their
application by submitting a written request to the Committee within ten (10)
days after the date of an action by the Committee. This request should include
any new or additional information that might clarify the requested change or
demonstrate its acceptability. The Modifications Committee is not obligated to
hear a "reconsideration request" if they judge that, after reviewing
the newly submitted information, their previous decision would not change. The
Modifications Committee must respond, in writing, to a request for reconsideration
within thirty (30) days from the date of receipt of such request by the
Committee. However, a failure to respond within thirty (30) days shall not be
deemed an approval of the previously denied application.
8.5.2 Appealed
applications that are disapproved by the Modifications Committee may be
appealed to the Eastwood Community Association Board of Directors at the next
scheduled Board of Directors meeting.
This appeal to the Board of Directors is not an automatic right of
appeal and it will be up to the Board whether or not to hear the appeal.
8.5.3 The decision of
the Eastwood Community Association Board of Directors will be final for all
appeals heard.
9.1
Article X, Section 2 of the Declaration allows for enforcement when “Failure of an Owner to comply with a
provision in this Declaration or a provision in the By-laws, Articles or Rules
and Regulations of the Association shall provide the Association and each Owner
with the right to bring legal action in law or in equity, including but not
limited to an action for injunctive relief, damages, or a combination thereof.”
9.2 The Rule and Regulation - Fines
(2001-BOD-RESOLUTION-001, dated 4/18/01) allows for the Board to fine residents
that fail to comply with the provisions of the Declaration, By-laws, Articles
or Rules and Regulations.
9.3 Article VI, Section 8 of the Declaration
also allows the Modifications Committee to rectify noncompliant conditions
resulting from an inspection of work, if the work completed is not substantially
in compliance with the approved plans and specifications, following a
reasonable opportunity to cure the alleged non-compliance as outlined in the
Declaration. This action is applicable
to work that was approved but not completed in accordance with the approved
plans and specifications.
9.4 Violation of the Architectural Design Guidelines or
Architectural Review Policy may be reported by any owner in writing to the
Modifications Committee. Violations will be processed in the manner approved by
the Association and documented in the Declaration of Covenants and Restrictions
as well as any enacted Rules and Regulations.
Generally, the following process will be followed:
(a) The alleged violation(s) will be inspected by a member
of the Board of Directors, the Modifications Committee, its designee, or an
agent of the Association.
(b) If an alleged violation(s) exist, the violator will
receive written notice to abate the violation with ten (10) days of receipt of
the letter.
(c) If the violation continues beyond the 10 day abatement
period (15 days will be given to allow receipt of the letter), a notice will be
sent to appear before the Enforcement Review Committee regarding the proposed
sanction. If this is a second violation
of the same covenant, restriction, rule or regulation, step (b) above is not
applicable and the step (c) letter will be sent.
(d) Pending the result of the Enforcement Review Committee's
hearing, a fine imposed by the appointed committee shall not exceed $100.00 per
violation committed; provided, however, that in the event of a continuing
violation, fines may be assessed for each day the violation exists, up to a
maximum aggregate fine of $1,000.00.
Article VI, Section 8 of the Declaration also allows the
Modifications Committee to address non-compliant conditions resulting from an
inspection of work, if the work completed is not substantially in compliance
with the approved plans and specifications, following a reasonable opportunity
to cure the alleged non-compliance as outlined in the Declaration. This action is applicable to work that was
approved but not completed in accordance with the approved plans and
specifications.
The Association also retains the right to commence
litigation to address a violation, if the Board determines this to be a
necessary or appropriate course of action in a given set of circumstances. In
the event that litigation is commenced to address a violation, the prevailing
party generally is entitled to recover its reasonable attorney's fees and costs
of court from the non-prevailing party (through trial and all appeals).
Please see the section on "Satellite Receivers and
Antennas" for guidelines on exterior antennas, satellite dishes, or
similar devices.
10.2.1 Attic ventilators are permitted if painted to match
the color of the roof (if roof mounted) or the color of the house siding or
trim (if mounted on a gable end).
Ventilators should be mounted on the least visible side of the ridge
line so as to minimize their visibility and should not extend above the roof
line.
10.2.2 Attic
turbines are NOT permitted. Attic Turbines are external devices that mount on
the roof of the home and resemble turbine blades that may be either motor driven
or wind driven. External attic motor
driven fans are also prohibited.
10.3.1
The Committee must approve all awnings. Fabric type retractable awnings or pole
supported awnings must be compatible with the living unit and will be considered
on a case by case basis. The fabric must be of a color compatible with the
dwelling trim color. Only awnings on the rear elevation of the home and hidden
from view of the street the home resides on or other adjacent streets will be
considered. Window awnings are
prohibited.
10.3.2
If approved, awnings must meet the following criteria:
a. They should be of a plain design without decorative
features, such as scallops, fringes, etc.
b. Solid colors that are compatible with the color scheme of
the house should be used, rather than stripes or patterns.
c. They should be consistent with the visual scale of the
house to which attached.
d. Pipe frames or structural supports for canvas awnings (or
similar material) should be painted to match the trim or dominate color of the
house.
10.4.1
Chimneys must either be masonry or enclosed in the same finish material as the
exterior of the home to which attached.
Masonry elevations require masonry chimneys. Metal flues and chimney caps must be painted and any vent
protruding through the roof must be painted the same color as the roof.
10.5.1 A portable folding “Umbrella” type clothesline for
the exterior drying of clothes is permitted.
No other structure may be erected upon which to fasten clothesline for
the intended purpose of drying clothes.
See Appendix IV for design specifications.
10.6.1
A compost bin is defined as a contained, properly maintained area for
decomposition of plant materials such as grass clippings, leaves, and small
brush which is then used for mulching or soil conditioning. In an effort to
support recycling efforts and conserve landfill space, the Modifications
Committee will permit compost bins on residential property, provided that the
following conditions are met:
1. Location: The bin is to be located at the rear of the property no less than
10 feet from the rear and side property lines for single-family homes unless
the yard has privacy fencing.
2. Screening: The bin is to be shielded by landscape screening, subject to
case-by-case application and notification of adjacent neighbors by applicant.
3. Dimensions: The maximum size of the bin is 4 feet wide,
4 feet long and 3 feet high. Single-family homes will be allowed up to two bins
per property.
4. Color:
The color of the bins will be natural wood, black, dark gray or earth
tones.
5. Use and
Maintenance: The bin(s) is used to
compost only plant materials such as grass clippings, leaves, and small brush,
and is turned regularly to prevent odors and aid decomposition. No household waste (kitchen scraps) or
animal waste shall be composted in order to avoid odors, rodents, or health
hazards.
6. Grass
Cuttings: Mulching mowers are
recommended to eliminate the need to dispose of or compost grass cuttings.
10.7.1 The
Modifications Committee must approve ALL decks and/or gazebos. Homeowners are advised to consider the
following factors:
10.7.1.1 Location. Decks and gazebos should generally be
located in rear yards. Front yard decks
are not allowed. Side yard locations
will be evaluated on their individual merit.
10.7.1.2 Scale and Style. The scale of all decks and gazebos shall be
compatible with the scale of the house as sited on the lot. Decks, particularly elevated decks, should
be of a scale and style which are compatible with the home to which attached,
adjacent homes and the environmental surroundings. In some cases, specific limits will be placed on the scale or
style of decks which will be approved, based on considerations of density,
visibility and scale and size of decks provided as standard builder features or
options.
10.7.1.3 Setback Requirements. Setbacks imposed on lots within Eastwood by
Orange County during subdivision can be either front yard, side yard, or rear
yard setbacks. The setback for a
particular lot or parcel is shown on the record plat for the parcel and is
based on the zoning district for the lot or parcel. It is important to the aesthetic look of the community that the
setbacks be respected.
All setbacks
required by the Orange County Zoning Division will be met unless a variance is
requested and approved by both the Orange County Zoning Division and the
Eastwood Modification Committee.
No porch, patio or deck shall extend closer than eight (8) feet of any lot line
or more than thirty (30) inches above finish grade unless approved by the
Modifications Committee and meeting all applicable Orange County Building and
Zoning Codes.
10.7.1.4 Materials. Decks must be constructed of smooth cedar,
cypress or high-quality exterior grade pressure treated pine lumber. All nails
and fasteners must be aluminum, galvanized steel or stainless steel.
10.7.1.5 Color. The finish to all wood surfaces except the
deck boards on the horizontal floor of the deck and stairs shall be:
1. Opaque (solid)
stain in white or house trim color, OR
2. Sealed
(clear/transparent waterproofing with no color), OR
3. Transparent stain
compatible with the exterior color scheme of the house.
4. Only one of these
criteria to be allowed to each lot.
5. Natural Finish (untreated) will NOT be allowed.
No opaque or solid
stain is to be used as a finish except in the case of Color Option 1 (above).
10.7.2 Definitions.
The words in Section 10.7.1.5 shall have the following meanings:
10.7.2.1 "natural finish" means the wood is left
untreated.
10.7.2.2 "opaque stains" means exterior grade
solid color paints or stains which hide the natural finish and grain of the
wood.
10.7.2.3 "seals" means exterior grade clear
(transparent) coatings that protect the natural finish without changing the
natural color of the wood.
10.7.2.4 "transparent stains" means exterior grade
wood stains that protect and retain the natural finish of the wood but alters
its natural color. The grain of the
wood shall be visible through the stain.
10.7.3 Homeowner Requirements
10.7.3.1 The
owner shall retain the receipt for the seal, stain or paint for a period of
five years. A copy of this receipt
shall be maintained in the final Architectural Review Application file and must
be submitted prior to final inspection of the completed work.
All decks provided by builders will remain subject to the "Builder
Program".
10.7.3.2 The following shall be required to maintain the
deck or gazebo in an aesthetically pleasing condition.
§
All decks or gazebos
to be maintained regularly.
§
Clear seal decks or
gazebos to be re-coated in accordance with manufacturers recommendations but not
less than every two years.
§
Opaque stained decks
or gazebos to be re-stained if the stain becomes discolored or begins to peel
and/or flake.
10.7.4 Under Deck
Storage
10.7.4.1 Elevated decks have an under deck area which can
have a negative visual impact on adjoining neighbors, particularly when used as
an informal storage space.
10.7.4.2 The Modifications Committee, particularly in the case of high decks,
will require the use of decorative screening to minimize adverse visual
impacts. All decks that require screening must detail the type of screening to
be used, color/finish and materials on the Architectural Review Application.
10.7.5 Deck Railings
10.7.5.1 These
design guidelines are to establish aesthetic standards only and the applicant
is to notify the Modifications Committee if a regulatory agency requires a
modification to comply with Federal, State, County, or Construction Industry
standards ("Codes") relating to structural design or safety matters.
10.7.5.2
Specifications are as follows:
• Deck
railings may not exceed 4'-0" in height, measured from the deck floor to
the top of the uppermost horizontal member.
• All cross
section dimensions for lumber are described and shown in nominal sizes (deduct
approximately 1/2" for actual size).
• All stair railings will match the
deck railings on all decks.
• Posts to be either:
- 4" x 4" square section or
- 6" x 6" square section.
• All posts to have the decorative
pointed top.
• Posts to be spaced no less than
4'-0" apart (center to center) and no greater than 8'-0" apart
(center to center). All posts to be
spaced evenly.
• All pickets to be 2" x 2"
nominal square section (no turning).
All pickets to be spaced evenly. Turned pickets are either round or oval
and are not allowed. Square pickets are
rectangular and may have rounded edges.
Squared pickets are allowed.
• Pickets to be spaced no greater than
5 1/2" apart center to center (i.e., 4" space between pickets) and no
less than 3 1/2" apart center to center (i.e. 2" space between
pickets). The maximum dimension may
have to be reduced if required by Codes.
• All pickets will
be vertical.
• Pickets will be
"sandwiched" between the top and bottom 2" x 4" rails or,
• Pickets will be
fixed to the face of 2" x 4" top and bottom rails installed "on
edge". The top of the picket will
abut the underside of a 2" x 8" handrail with a 90-degree crosscut or
will have a 45-degree crosscut on the face with a 2" x 6" handrail. The bottom of the picket may (i) not extend
below the bottom rail (ii) may have a 45 degree crosscut on the face and (iii)
must be within 1" of bottom 2" x 4", except.
• Fascia boards are
required and must cover the edge of the deck boards and all or part of the
supporting joist. Fascia boards can be
1" or 2" nominal thickness. The
minimum section of fascia boards is 1" x 4".
• Fascia boards can
be behind the posts, in front of the posts, or between the posts.
• It is recommended
that all fascia board joints are mitered to conceal the end grain.
• Handrails can be
2" x 4" and/or 2" x 6".
10.7.5.2 The
Modifications Committee may consider a custom railing, if the proposed deck is
not visible from any road within Eastwood, any hiker/biker trail, or any
recreation area with recreation facilities (i.e., tot lot, ball field, etc.) and
all the adjoining owners.
10.7.6 Privacy Screens/Walls.
10.7.6.1 Privacy screens or walls installed at the deck level are not permitted
in the case of elevated decks. Privacy
screens or walls appended to decks for under deck storage shall be in accordance
with and reviewed to the following.
·
The posts may be
either 4" x 4" or 6" x 6", however, the homeowner must use
the same dimensions as the posts in the deck railing.
·
In all cases, the
amount of privacy screening on decks and its location will be evaluated by the
Modifications Committee in terms of any adverse visual impact for adjoining
lots, both in terms of scale and the obstruction of sight lines.
10.7.6.2
Privacy screening will be considered on an individual basis in the case of
ground level decks.
10.7.6.3 Only the Board of Directors may grant a variance to
the above as provided in Article VI, Section 10. Variance of the Amended and Restated Declaration of
Covenants and Restrictions for Eastwood.
10.8.1 Doghouses will be approved if compatible with the
applicant's house in terms of color and material. Doghouses may not exceed sixteen (16) square feet of floor space
and may not exceed four (4) feet in height at the highest point. They should be located where visually
unobtrusive to neighbors and the use of appropriate screening is encouraged,
and may be required in some cases, in order to minimize any negative visual
impacts.
10.8.2 Dog runs
are prohibited.
10.8.3 Electronic Fencing may be approved if meeting the
following conditions:
·
Written approval of
adjacent neighbors;
·
Side yard setback
even with the rear elevation of the home must be met; and
·
Side yard and rear
yard fencing must be setback at least three (3) feet from adjacent dwelling
unit or vacant lot property lines.
10.9.1 Extensions, modifications and additions to driveways
will be considered only if there is no adverse aesthetic or drainage impact on
adjoining lots or common area.
Additions or modifications must be of the same materials as the existing
driveway.
10.10.1 Individual air conditioning units extending from
windows are prohibited.
10.10.2 Exterior air conditioning units
or heat pumps may be relocated or added if there is no adverse visual impact to
adjoining properties. The Modifications
Committee must approve such relocation or addition.
10.10.3 Exterior air
conditioners should be screened from view to the greatest extent possible.
10.11.1 General
Approval: Approval will be required for all exterior decorative objects
placed in front or side yards - except for small decorative objects that are
discussed subsequently - whether natural or man‑made, which were not part
of the original construction design, either as a standard or optional feature.
Examples requiring approval include but are not limited to: bird houses, bird baths, driftwood, weather
vanes, sculptures, fountains, freestanding poles of all types, window boxes and
any items attached to approved structures.
10.11.2 Decorative
Objects: For decorative objects that require approval, these will be
evaluated in terms of their general appropriateness, size, location,
compatibility with architectural and environmental design qualities, and visual
impact on neighborhoods and the surrounding area.
10.11.3 Sculpture and Freestanding Structures
Greater Than 18” in Height: For sculptures, garden statues, birdbaths,
birdhouses, and similar items located in rear yard locations, approval is not
required.
·
Birdhouses and bird feeders must measure less that 12"
x 12" X 12", and must not number more than four per lot. Bird feeders
and birdhouses are not allowed in front yards or in side yards visible from the
street.
·
Two sculptures, garden statues or other freestanding
structures per front yard per lot, measuring not larger than 2' x 2' x 3' are
allowed. The allowed amount (two) is
not cumulative. Only two “total” freestanding
structures are allowed.
·
Additional sculptures, statues or free standing structures
are allowed in the rear yard if not visible from the road or adjacent neighbors
yards (i.e. screened due to landscaping, fence or conservation area).
·
One birdbath per rear yard per lot, measuring not more than
36" high with bowl not larger than 24". Bird baths are not allowed in
front yards or in side yards visible from the street.
10.11.4 Small
Decorative Objectives: Approval is also not required for small decorative
objects placed anywhere on the lot provided all the following criteria are met.
·
Objects are less than eighteen inches (18") in height.
·
Objects are unpainted stone, wood, soapstone, marble, or
other natural materials in earth tones.
·
There is a limit of eight (8) such objects per lot.
10.12.1 Original
Lighting: Lighting which is part of the original structure may not be
altered, except for the addition of a small motion sensitive sensor to the
light fixture, without prior approval of the Modifications Committee. Proposed replacement or additional fixtures
must be compatible in style and scale with the applicant's house.
10.12.2 Direction of
Lighting: No exterior lighting shall be directed outside of the applicant's
property. Proposed additional lighting
shall not be approved if it will result in an adverse visual impact to
adjoining neighbors due to location, wattage or other features.
10.12.3 Floodlights:
Floodlights (maximum 4 bulbs per house) may only be attached to the rear
elevation of house and are to be positioned not to cause glare to neighbors or
vehicular traffic. Exterior lighting to the side and front elevations of a
house may be decorative light fixtures such as carriage lights. Ground level decorative floodlights are not
allowed.
10.13.1 No application will be required for the installation
of sixteen (16) or fewer small, exterior, low-voltage lights that are placed
along sidewalks or along the sides of driveways. An application is required for the installation of seventeen (17)
or more of these lights. Subsequent installations of path lights that, when
combined with the existing lights, exceed sixteen (16) lights shall require
approval.
10.14.1 Repainting
with Original Color: An application is not required in order to repaint or
re-stain an object to match the
original color.
10.14.2 Exterior
Color Changes: Specific limitations and requirements for color changes may
be addressed in design guidelines for individual neighborhoods. All exterior
color changes must be approved. This
requirement applies to siding, doors, shutters, trim, roofing and other
appurtenant structures.
10.14.3 Color Pallet: Only colors in subdued or neutral tones will be
considered for the body color. Bright or high intensity colors will not be
permitted.
10.15.1 General
10.15.1.1 Background:
The subject of fences is more difficult to treat than many other items since
fences can serve a number of different purposes and can have a very significant
visual impact. Fences can be used for
the following purposes: to visually
define property lines; to provide privacy; to provide security, and as an
architectural feature intended to enhance the physical appearance of the house
or property.
10.15.1.2 Guidelines:
General guidelines for the construction and approval of fences are provided
below. Specific guidelines may be
developed for each neighborhood, as appropriate.
10.15.1.3 Variance:
Only the Board of Directors may grant a variance to the following guidelines as
provided in Article VI, Section 10, Variance of the Amended and Restated
Declaration of Covenants and Restrictions for Eastwood.
10.15.1.4
Specifications with respect to construction details for all fence styles
are contained in Appendix II to these guidelines. All fences, upon being approved, must be installed in accordance
with such specifications.
10.15.1.5 Lot line fences may not be used to enclose
the front yards of single-family detached homes. Lot line fences must meet the
setback requirements (Appendix II) for side yard applications forward of the
rear plane of the house. Lot line
fences forward of the setback requirements may be approved for the partial
enclosure of side yards in situations where topography, house location or the
location of exit doors require fencing to be installed forward of the required
setback and only if such modification will not have an adverse visual or
functional impact on adjoining lot owners and if such adjoining lot owners are
informed of and do not object to the modification.
10.15.1.6 When side
or rear lot line fencing occurs next to a roadway within Eastwood or the
Preserve and will be seen from the roadway, the Modifications Committee will
review the proposed fencing for consistency of fence style between affected
lots. Before the first rear lot line
fence is approved, all the affected homeowners along the length of the roadway
will be notified and at least two thirds of the affected homeowners must
consent to the proposed fencing. This consent will subject all the affected
lots to the same fence type along the rear lot lines for all future
applications.
10.15.1.7 A similar
consideration and requirement exists for rear lot line fencing adjacent to golf
course property discussed in 10.15.1.6 above.
See Section 10.15.3.1 for more details.
10.15.1.8 Copies of the following are required with
the Architectural Review Application:
·
Building permit.
·
Land survey of the
property showing all additions and locations of the fence, gates and any other
applicable details.
·
Copy of the vendor(s)
proposal, invoice or quote (this document will have much useful information
required by the Architectural Review Application). The costs associated with the project are not of interest and can
be obscured on the copy supplied.
10.15.2
Fence Types
10.15.2.1 Chain Link
and Barbed Wire Fences
10.15.2.1.1 Chain
Link and Barbed Wire Fences will not be approved under any
circumstances. Chain link or barbed
wire fencing material will not be permitted for any use.
10.15.2.2 Wood Fences
10.15.2.2.1 Owners of single-family detached homes are permitted to install
one of four approved fence types as means of delineating their lot lines and
establishing a "private space".
They are:
·
Privacy Fence -
Stockade
·
Privacy Fence - Board
on Board
·
Privacy Fence -
Shadow Box
·
Picket Fence
10.15.2.2.2 Fence tops (flat and domed styles, not to be confused with the
configuration of the top, are shown in Appendix II) shall be finished as
follows:
|
Eastwood |
Preserve |
|
·
Flat ·
Domed
(Convex) ·
Lattice |
·
Domed
(Convex) ·
Lattice |
10.15.2.2.3 Picket fences and Privacy fences must be constructed of smooth
cedar, cypress or high quality pressure treated pine and must be treated with a
clear waterproofing or transparent stain; or painted or stained to match the
trim color of the house.
10.15.2.3 Vinyl
Fences
10.15.2.3.1 Owners of single-family detached homes are permitted to install
one of three approved fence types as means of delineating their lot lines and
establishing a "private space".
They are:
·
Privacy Fence -
Stockade
·
Privacy Fence - Shadow
Box
·
Picket Fence
10.15.4.3.2 Fence tops (flat and domed styles, not to be confused with the
configuration of the top, are shown in Appendix II) shall be finished as
follows:
|
Eastwood |
Preserve |
|
·
Flat ·
Domed
(Convex) ·
Lattice |
·
Flat (only
if a domed top is not available) ·
Domed
(Convex) ·
Lattice |
10.15.2.3.3 Picket fences and Privacy fences must be constructed of a quality
vinyl product capable of exposure to UV radiation (i.e., the sun) without
yellowing or otherwise deteriorating. Titanium Dioxide (TiO2) is added to the
PVC compounds to reflect the sun's rays and keep the original color. The fence
product used must contain TiO2. It is
also recommended that impact modifiers, which add strength for load bearing
applications, be included.
10.15.2.3.4 The fence will not be
supplied painted. Color shall be as
supplied by the vendor (and not painted).
The owner can not paint the fence.
10.15.2.4 Ornamental
Wrought Iron and Aluminum Fences
10.15.2.4.1 Owners of single-family detached homes are permitted to install
ornamental wrought iron or aluminum fencing.
10.15.2.4.2 Due to the many styles of ornamental wrought iron or aluminum
fencing available, the owner is asked to submit the style of the fence to the
Modifications Committee prior to submitting the Architectural Review
Application. The Modifications Committee will consider the aesthetic impact of
the style, its harmony with existing styles throughout Eastwood and the
Preserve, and its harmony with the adjacent properties in the neighborhood.
10.15.2.4.3 Ornamental wrought iron or
aluminum fencing must be constructed and finished in a manner such that UV
radiation (i.e., the sun) will not cause undue weathering and finish
deterioration. The ornamental wrought
iron or aluminum fencing must be maintained as required by the manufacturer or
vendor.
10.15.2.5 Brick, Masonry or Stucco Fencing for
Single Family Detached Homes
10.15.2.5.1 Fencing comprised of brick with masonry columns
matching the construction of the home is allowed in Fairway Pointe pending
approval by the Modifications Committee.
[Note: The original
“Builders Manual” allowed this type of fence construction in Parcel 9, Fairway
Pointe.]
10.15.2.5.1 Walls shall only be allowed in those
sub-divisions where the builder installed them during original
construction. They may be of brick or
stone masonry, or stucco. Masonry or
stucco pillars may be used but shall not exceed six (6) feet in height. The
maximum height of any wall shall be six (6) feet. Walls used in conjunction with a landscaping plan, may extend
beyond the front line of the dwelling but may not extend into a street
right-of-way or closer than five (5) feet to a sidewalk. The types of walls to
be permitted on specific lots shall be harmonious with other adjacent approved
walls.
10.15.2.5.1
Retaining walls, if required by site conditions, constructed along rear
or side property lines shall include cast-in-place concrete and block masonry
landscaping units. The 3-foot height limitation may be waived if site conditions
require a higher wall. Wood retaining walls are not permitted.
10.15.3 Fences on Conservation Areas, Golf
Courses, Lakes or Ponds
10.15.3.1 Fences on
golf courses (including lakes owned by the golf course and typically fronting
the fairways) are discouraged. For a
fence to be allowed on the Golf Course, the following factors will be
considered by the Modifications Committee.
10.15.3.1.1 A strong design concept for the fence must be
presented.
10.15.3.1.2 The fence must be needed to satisfy a purpose
such as retention of children or dog(s) or required to enclose a pool otherwise
not enclosed by a screen enclosure/house.
Security is not considered a valid need.
10.15.3.1.3 The fence must be tied to the design and layout
of the home and any existing fences in the vicinity of the lot.
10.15.3.1.4 The fence WILL NOT be allowed to enclose the
total portion of the rear property line of the home. The reason is to limit the obstruction of view of adjacent
residents and visual impact on the golf course.
10.15.3.1.5 The fence layout, style and design must be
developed in coordination with the Modifications Committee. The owner MUST contact the MC to schedule a
meeting to discuss the design and layout and impact on the adjourning
properties in an effort to create a concept meeting the requirements of the
Association and the owner.
10.15.3.1.6 The decision of the MC on the final approved
design and layout is final. The owner
may appeal any decision as previously defined.
10.15.3.1.7 Only four (4) foot high, black wrought iron or
aluminum ornamental fencing will be allowed on the golf course. NO OTHER TYPE OR STYLE OF FENCING WILL BE
ALLOWED. Aluminum is the material recommended by the Association.
A five (5) foot fence will be approved by variance when required by Orange
County Code to enclose a pool.
10.15.3.1.8 See Appendix II for detailed descriptions of the
concerns to be considered for all proposed golf course fencing.
10.15.3.2 Fences on
lakes and ponds owned by the Association are allowed and shall be a height of
four (4) feet.
10.15.3.3 Fences on
conservation areas comprised of dense forest at the lot line are allowed. If
dense forest is not present or the lot line opens into a view of an open
conservation area, fences of four (4) feet in height are allowed.
10.15.3.4 It is
required that a picket type fence or other open pattern be used to limit the impact on neighbors views when
installing fences on open view conservation areas, ponds or lakes. Ornamental fencing is the required fence
style on lakes and ponds.
10.15.4 Fence Heights and Locations
10.15.4.1
Maximum fence height is six (6) feet.
Minimum fence height is four (4) feet.
10.15.4.2 If the fence is on a lake or
pond as explained in Section 10.15.3.2, it shall be four (4) feet high.
10.15.4.3 If a fence is on a conservation area that
does not afford an open view as explained in Section 10.15.3.3, it shall be a
maximum of six (6) feet high and a minimum of four (4) feet high.
10.15.4.4 If a fence is on a conservation area that
does afford an open view as explained in Section 10.15.3.3, it shall be four
(4) feet high.
10.15.4.5 All
fencing shall be installed with the finished side out if applicable.
10.15.4.6
Fences that abuts against existing neighborhood brick and mortar fences
installed as part of the development and maintained by the Association shall
not be taller then the brick and mortar fence.
The top of the installed fence shall not be seen over the top of the
brick and mortar fence.
10.15.4.7
Setbacks will be as follows (see Appendix II for graphical representation).
·
Front yard fencing is
not allowed.
·
Side yard fencing
shall be setback a minimum of ten (10) feet behind the front face of the home
with zero lot line allowed along the side and rear property lines.
·
Corner lot fencing
shall be setback a minimum of ten (10) feet behind the property line.
·
Golf Course Lot Fence
shall be fifteen (15) feet behind rear property line.
10.15.5 Fence Materials and Colors
10.15.5.1 Materials
10.15.5.1.1 Wood Fence
construction shall be of the following materials:
·
smooth cedar,
·
cypress or
·
high-quality exterior
grade pressure treated pine lumber.
All nails and
fasteners must be aluminum, galvanized steel or stainless steel.
10.15.5.1.2 Vinyl
Fence construction shall be 100 percent new vinyl with UV inhibitors and
impact modifiers used throughout the entire product. Titanium dioxide (TIO2) and other chemical additives shall have
been used in the manufacturing process to prevent ultraviolet discoloration.
10.15.5.1.3 Ornamental
Fence construction shall consist of wrought iron or aluminum. Aluminum is recommended due to its superior
resistance to rusting.
10.15.5.2 Color
10.15.5.2.1 Wood
Fence finish shall be as follows:
1.
Opaque (solid) stain
in white or house primary or trim color, or
2.
Sealed
(clear/transparent waterproofing with no color), or
3.
Transparent stain
compatible with the exterior color scheme of the house.
Only one of
these criteria to be allowed to each lot.
Natural Finish (untreated) will NOT be allowed.
No opaque or
solid stain is to be used as a finish except in the case of Color Option 1
(above).
10.15.5.2.1 Definitions: The words in Section 10.15.5.2.1
shall have the following meanings:
10.15.5.2.1.1 "natural finish" means the wood is
left untreated.
10.15.5.2.1.2 "opaque stains" means exterior grade
solid color paints or stains which hide the natural finish and grain of the
wood.
10.15.5.2.1.3 "seals" means exterior grade clear
(transparent) coatings that protect the natural finish without changing the
natural color of the wood.
10.15.5.2.1.1 "transparent stains" means exterior
grade wood stains that protect and retain the natural finish of the wood but
alters its natural color. The grain of
the wood shall be visible through the stain.
10.15.5.2.2 Vinyl
Fence finish shall be the unpainted color as provided by the
manufacturer. This shall generally be
white though some manufacturers offer tan, etc. The Titanium dioxide, which is a white pigmented compound
prohibits coloration of the vinyl. The
owner will not be allowed to paint the fence when new. If aging causes the fence to become
unsightly, the Modifications Committee will consider requests to paint the
fence. An Architectural Review
Application is required in this case even if the vinyl fence is going to be
painted the original color.
10.15.5.2.3 Ornamental Fence finish shall be black,
white or house primary or trim color.
The finish shall be such to resist UV radiation, rust and other
deteriorating elements.
10.15.6 Homeowner
Requirements
10.7.6.1 For
wood fences, the owner shall retain the receipt for the seal, stain or paint
for a period of five years. A copy of
this receipt shall be maintained in the final Architectural Review Application
file and must be submitted prior to final inspection of the completed
work.
10.7.6.2 The following shall be required to maintain fences
in an aesthetically pleasing condition.
§
All fences to be
maintained regularly as required by the manufacturers recommendations.
§
Clear sealed wood
fences to be re-coated in accordance with manufacturers recommendations but not
less than every two years.
§
Opaque stained wood
fences to be re-stained if the stain becomes discolored or begins to peel
and/or flake.
10.15.7
Fences Provided By Builders
All fences provided by builders will remain subject to the
"Builders Manual" or appropriate builders recommended maintenance
program. The Modifications Committee
must approve any changes to color or style.
10.16.1 Permanent, freestanding flagpoles are prohibited.
10.16.2 Temporary flagpole staffs that do not exceed six
feet in length and are attached at an incline to the wall or pillar of the
dwelling unit do not require approval by the Modifications Committee. Seasonal, holiday, and decorative flags and
the United States of America and Florida State flags are permitted to be
displayed.
10.17.1 Each single family detached Living Unit shall
include a garage designed to enclose a minimum of two (2) vehicles and shall
not have more than three (3) separate garage doors.
10.17.2 Garage doors shall be of
standard solid panel construction, which will conceal the contents of the
garage.
10.17.3 Garage doors shall be kept
closed except when access or an activity requires them to be open.
10.17.4 The structure shall relate to
the dwelling in respect to character, material, and finish.
10.17.5 Carports are not permitted.
10.17.6 Unattached garages will be
considered on a case-by-case basis.
10.18.1 A greenhouse will be treated as a major alteration
to a dwelling unit and subject to the same level of review. Greenhouses that are attached to the
dwelling unit are encouraged. Freestanding
greenhouses must meet the following criteria to be approved:
10.18.1.1 Greenhouses shall be restricted to rear yard
locations and should not be visible from the front of the dwelling unit.
Greenhouses will only be permitted in backyards where the rear is fenced. The greenhouse shall not exceed eighty (80)
square feet of floor space and eight (8) feet in height at the highest point.
10.18.1.2 The scale and design must be architecturally
compatible with the home and surrounding homes.
10.18.1.3 There shall be no adverse visual impacts for
adjoining properties. The installation
of landscape materials to provide a visual screen is encouraged and may be
required as a condition of approval.
10.19.1 Permanent grills must be placed in the rear yard of
the house and as far as practical from the adjacent property lines.
10.20.1 Exterior hot tubs or spas must be located in the
rear yard adjacent to the dwelling unit.
The incorporation of hot tubs as an architectural feature of decks
and/or patios is encouraged.
10.20.2 The exterior finish of an
elevated hot tub should blend with the exterior finish of the home, deck or
patio to which attached or most closely related. Otherwise, the hot tub or spa must be screened from view of the
street and neighboring properties using an approved fence or landscaping.
10.20.3 All exterior
hot tubs or spas, whether enclosed in a screen enclosure of not, shall be
covered with a cover manufactured to meet the requirements of ASTM F-1346.
10.20.4 All exterior
hot tubs or spas shall meet the requirements of Florida Statues, Chapter 515,
the “Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety
Act."
10.21.1 Installation of new systems and modifications &
additions to existing systems require approval. For new systems, a complete system plan is required showing the
following information:
·
layout of the piping,
·
type (material) and
size (schedule) of the piping,
·
type of sprinkler
heads to be used and coverage, and
·
location and height
of all risers and type and height of shrub or other landscaping to be watered
by the risers. Note, risers shall be concealed to the greatest extent possible.
Modifications and additions to existing systems must be
detailed to the greatest extent possible with a description of the components
to be used and a layout provided of the changes.
The layout can be on the land survey of other similar
dimensioned drawing.
10.22.1 All MAJOR
landscape installations must be approved in advance.
10.22.2 In general,
a Architectural Review Application is not required for minor landscape
modifications, or accepted mulch bed edging, with the following exceptions:
10.22.2.1 Approval is required for plantings intended to
form a hedge or natural screen and which will attain more than two feet in
height.
10.22.2.2 All trees
and palms require approval regardless of location or whether behind a fence or
not.
10.22.2.3 A proposed modification which is of such a scale
or type as to be inconsistent with the existing design features of the home,
adjacent units and the surrounding area will require approval. Examples
include the substantial or total removal of turf and replacement with another
material, such as mulch or gravel.
10.22.2.4 Vegetable gardens shall be located behind the rear
plane of the house. Vegetable gardens
with an area in excess of 64 square feet will require approval from the
Modifications Committee.
10.22.2.5 The
use of landscaping timbers or railroad ties is prohibited.
10.22.2.6
Mulch Bed
Edging. Complementary types of edging material are
permitted on each Lot. An application
is required for any type of edging products not listed here.
10.22.2.6.1
Edging products are
confined to brick, decorative aggregate block, and commercially obtainable
edging in rubber, plastic, or painted metal.
10.22.2.6.2
The commercially
available poured and formed concrete edging is an approved construction.
10.22.2.6.3
Colors of edging
material are confined to black, medium or dark brown, green, or rust red.
10.22.2.6.3.1
Alternate colors will
be considered, but an application is required.
10.22.2.6.4
Commercially
obtainable edging in rubber, plastic, wood, or painted metal designed to appear
as picket fences or other fence type structure is prohibited. Ongoing work as needed by the respective
homeowners to maintain these structures in good condition is required.
10.22.2 MAJOR changes to landscaping include complete
removal of existing landscaping materials and replacement. A landscaping plan drawn to the plot plan of
the home with the new plantings identified will be required for the
Architectural Review Application
10.23.1 All patios require approval. Patios should generally be located in rear
yards. Side yard applications will be
evaluated on their individual merit subject to the following criteria:
-
Patios may not
"wrap around" either end of a single-family home; however, if
appropriate, patios may extend a maximum of eight feet into a side yard.
-
If the side yard is
fenced, as approved by the Modification Committee, a side yard patio will be
considered.
10.23.2 Any adverse drainage requirements that might result
from the construction of a patio should be considered and remedied. The use of a partially porous patio surface
or the installations of mulch beds adjacent to the patio are ways to eliminate
drainage concerns.
10.24.1 Semi-permanent play equipment that either
constitutes a structure or is appurtenant
to an existing structure requires approval. Examples include sandboxes, playhouses, swing-sets, etc. The following factors will govern approval
of such equipment.
10.24.1.1. Location. Generally, such equipment should be placed
in rear yards.
10.24.1.2. Scale
and Design. The equipment should be
generally compatible with the lot size.
The design and any visual screening are additional considerations in
evaluating whether or not there will be an adverse visual impact.
10.24.1.3. Color
and Materials. Equipment
constructed of wood and sealed, stained or painted as discussed in the sections
on fences and decks is encouraged.
Metal play equipment should be painted solid earth tones. (i.e., brown, tan, dark green) to blend with
the natural environment.
10.24.1.4. Basketball
Backboards and Hoops. Permanent
basketball backboards and hoops attached to the home or other significant
structure on the property are prohibited.
Basketball backboards and hoops mounted on poles mounted to
movable bases are permitted, however must be stored out of sight when not in
use. See the “Resident’s Guide” for additional details.
10.25.1
The Telecommunications Act of 1996 grants specific rights to homeowners with
regard to the installation of exterior receiving antennas. Specifically, the
act allows satellite dish antennas (less than 1 meter in diameter), MMDS
("wireless cable") and broadcast television antennas. The
Telecommunications Act grants communities and municipalities the ability to
establish and enforce guidelines regulating the location, installation, and color
of these antennas, when such rules do not adversely affect signal reception,
unreasonably delay the installation of the antenna, or cause an unreasonable
financial burden to the homeowner.
10.25.2
The Eastwood Community Association acknowledges the rights of homeowners
established by the Telecommunications Act of 1996, and will work closely with
owners to achieve the successful installation of antennas. Exterior alteration
applications pertaining to the Telecommunications Act of 1996 will be processed
expediently.
10.25.3
A notice of installation and documentation of the size, location and color of
the antenna is required. The following criteria must be met for a successful
installation:
10.25.4 SATELLITE DISHES
10.25.4.1
Direct Broadcast Satellite (DBS) dishes that are less than one meter (39"
in diameter) may be installed when they meet the following criteria:
10.25.4.1.1 Satellite Dish Antennas will be mounted on
the rear of the house or in the rear yard, except when such locations prevent
adequate signal reception.
10.25.4.1.2 Satellite Dish Antennas will be positioned
so they cannot be seen from the front of the home except, when such locations
prevent adequate signal reception.
10.25.4.1.3 Satellite Dish Antennas will be positioned
no higher than the antenna top flush with the top of the roof on the rear side
of the house, except when such locations prevent adequate signal reception.
10.25.4.1.4
Satellite dish antennas may be painted a color compatible with the house color
to minimize any visual intrusion on the home and surrounding property.
10.25.4.1.5 No satellite dish antennas will be installed
in common area or open space.
10.25.4.1.6 Application Contents:
a.
Plat of the property showing the location of the antenna in
relation to the applicant’s home and existing site modifications.
b.
Picture and/or drawings of the satellite dish including
dimensions and mounting details.
c.
Color of the satellite dish, its components, and the color
of the house siding, roof and trim.
d.
Estimated start and completion dates.
10.25.5 WIRELESS CABLE AND TELEVISION
ANTENNAS
10.25.5.1
Multichannel Multipoint Distribution (wireless cable) Service (MMDS), and
Television Broadcast Stations (TVBS) antennas may be installed when they meet
the following criteria:
10.25.5.1.1 Antennas will be mounted on the rear of the
house or in the rear yard, except when such locations prevent adequate signal
reception.
10.25.5.1.2 Antennas will be positioned so they cannot
be seen from the front of the home, except when such locations prevent adequate
signal reception
10.25.5.1.3 Antennas will be mounted no higher than
twelve feet above the top of the roof.
10.25.5.1.4 Antennas will be wired safely and neatly so
as to be barely visible and reasonably protected from outside forces.
10.25.5.1.5 No antennas will be installed in common area
or open space.
10.25.5.1.6 Application Contents:
a. Plat of the
property showing the location of the antenna in relation to the applicant’s
home and existing site modifications.
b.
Picture and/or drawings of the antenna including dimensions
and mounting details.
c.
Color of the antenna, its components, and the color of the
house siding, roof and trim.
d.
Estimated start and completion dates.
10.25.6 When Criteria Is Not Met:
10.25.6.1
The Association reserves the right to approve applications in locations other
than those set forth if the antenna would not receive sufficient signal
strength for adequate reception in any of the above settings. In such an
instance, the applicant shall state in the application, (1) the problem with
the signal strength and, (2) the desired alternate location. Under such
circumstances, the Association shall review the alternate location proposed to
ensure that it is necessary to afford sufficient signal strength for reception
and would cause the least amount of visual intrusion in the neighborhood. The
Association may require the applicant to install harmonizing visual barriers,
such as lattice or landscaping, around the device in order to diminish any
adverse visual effect.
10.26.1 Screened‑In Porches (whether screen house or
enclosure) will only be fitted to the rear elevation of the home and will
comply with the following design guidelines:
·
Roof shingles (if applicable) to match existing house
·
Triangular end gables to have exposed lumber painted to
match existing house trim
·
Screen panels to clear span between support posts
·
Screen panels to be inside porch railing
·
Roof fascia along low edge to match existing house and any
gutter and rain leaders to match existing house in style and color
·
Roof support posts to be used to support railings
·
Railings (if applicable) around porch to be to Eastwood
Guidelines
·
Screen door to be "clear view" (i.e., single
screen panel) or only one horizontal center divider to form two screen panels
10.27.1 Security Bars: The use of security bars or grates on
windows and doors will be prohibited.
Exceptions may be made where the security apparatus will not be visible
from the street and from adjoining properties. Homeowners concerned about the
security of their residence are advised to consider alternatives, including
alarms and sophisticated lock systems.
10.27.2 Security Signs: Two security signs, each not
exceeding a total of sixty-four (64) square inches may be posted on the
property. Only one such sign may be
posted forward of the front plane of the home.
The approved location shall be at the front door or in shrubbery within
twelve (12) feet of the front door. A
second sign may be posted in the rear yard.
10.28.1 Front yard sidewalks and pathways should be set back
at least four feet from the property line and installed flush to the
ground. Side yard and rear yard
sidewalks and pathways shall be so positioned to not encroach on adjacent
property lines and shall be installed flush to the ground. Only brick, pavers,
concrete or similar solid/durable construction material should be used for
front yard sidewalks and pathways.
Rock, stone, brick, pavers, concrete or similar durable construction may
be used for side and rear yard sidewalks and pathways. The scale, location and design should be
compatible with the lot, home and surroundings.
10.28.2 All colors associated with
bricks, pavers, rocks, and stones or painted concrete require approval.
10.29.1 Skylights should be located such that they are not
visible from the front of the dwelling unit or a street. Consideration will be given to skylights on
the front side of the roof ridgeline only if constructed flush with the roof.
10.30.1 Solar panels and solar collectors are permitted only
when located so that they are not visible from the front of the dwelling unit
or from a street. Consideration shall
be given for installations required on the side roofs of homes that may be
visible from the streets to accommodate the relative position of the home to
the sun as required to provide for efficient operation.
10.30.2 If the
orientation of the home requires installation in the front of the home or the
use of elevated structure on the rear of the home to position the panels
towards the sun, the application shall include a statement from the installer
stating that such installation is required for the panels to perform their
intended function.
10.31.1. General. Storage sheds shall be restricted to rear yard locations and
should not be visible from the front of the dwelling unit or from a
street. Storage sheds with metal
siding or roofs are prohibited.
Freestanding sheds are discouraged, although such sheds may be
approvable for single-family detached dwelling units under circumstances where
there are no adverse visual impacts.
Such instances include storage sheds in fenced yards.
10.31.2. Specific. Storage sheds for single-family detached
units may be attached to either the dwelling unit or integral to a fence, or
otherwise separated from the dwelling unit or fence by a distance of no more
than 6 inches or constructed as freestanding buildings. In the latter case, a shed should be located
to the rear of the property line, with recommended minimum setbacks of eight
(8) feet from the rear property line and eight (8) feet from side property
lines unless the yard is fenced.
The following additional guidelines are
applicable.
A. Design. The architectural design of the shed should be compatible with
the design of the house.
B. Size. Sheds should not exceed 140 square feet of floor space and twelve
feet in height at the highest point.
C. Materials. The finish materials must be the same as
used for the exterior of the house.
D. Colors. The color scheme must be the same as for the house.
E. Roof. The roof slope and the type and color of roofing material should
match the house.
The following guidelines apply to sheds that are attached to
a privacy fence:
A. Materials. The exterior finish material must be the
same as that of the fence.
B. Size. Sheds should not exceed 48 square feet of floor space and six
feet in height at the highest point.
C.
Roof. The roof should
either be flat, with the top not exceeding the top of the fence or sloped
inward, with a pitch similar to that of the dwelling unit.
D.
Colors. The shed shall not be left to weather naturally. Colors or stains are permitted. In such case, the color of the shed must
match that of the fence.
10.32.1 Storm/Screen
Doors
10.32.1.1 An
application is required before a storm/screen door may be installed. It is strongly recommended that approval of
the storm/screen door be obtained prior to purchasing the door.
10.32.1.2 To comply with the Design Guidelines, the
storm/screen door must:
1. Be full-view (no panels). This means a single sheet of glass or screen
with no crossbars.
2. The color must be:
a. A reasonable color
match to the unit door or to the adjacent trim to which it is attached. Adjacent trim is defined as all of the trim
around the unit door and/or the window mullions (trim) in the sidelights on
either side of the unit door.
Reasonable color match is defined here as the exact color or
a color shade lighter or darker than, but in the same color family. This determination will be made by a
majority vote of the Modifications Committee members; or
b. White, if the
residence has white eaves, soffits, gutters, downspouts, and windows, and/or
all of the trim relating to the front door frame is white. This option is at the discretion of the
Modifications Committee; or
c. White, if the trim
relating to the frame of the unit door is painted white. This option is at the discretion of the
Modifications Committee.
10.32.1.3 An
application for a storm/screen door must include:
1.
The color scheme of
the residence, i.e., paint manufacturer and color of the front door and
adjacent trim;
2.
The manufacturer and
color of the storm/screen door;
3.
The homeowner's
proposal, if necessary, for bringing the storm door into compliance (for
example: painting the front door,
painting the door trim, etc.);
4. A storm/screen
door brochure from the manufacturer is strongly encouraged; and