Lochmere Association
Architectural Standards & Specifications
|
Table of Contents
IV. Standards and Specifications Page 7 VI. Violations and Lochmere Association Remedies Page 14 Appendix A Guidelines for the construction of fences Page 16 Appendix B Guidelines for Swing Sets, Forts, Tents, Sand Boxes, Trampolines, and Tree Houses Page 18 Appendix C Guidelines for Basketball Goals/ Recreational Equipment Page 18 Appendix D Guidelines for Decks, Arbors and Patios Page 19 Appendix E Guidelines for Maintenance Page 20 Appendix F Guidelines for Pools Page 20 Appendix G Guidelines for Signs Page 20
The Architectural Standards and Specifications (hereafter referred to as the Standard) were established by Article IV of the Declaration of Master Covenants for Lochmere. Their primary purpose is to preserve and maintain the property values and the natural beauty of the development. Article IV also establishes the Architectural Committee (Committee) with review and approval authority for the Subdivision. A part of the charter of the Architectural Committee is to maintain and promote consistent standards while remaining open-minded to changes in our neighbors’ and our lifestyles. This standard is intended to be a flexible document that allows for individual creativity of design, with each request being reviewed on its own merits. This document is not intended to be comprehensive; rather it is a guideline for residents considering modification to their lot or exterior of their home. The aesthetics of the modification will be a primary consideration of the Committee. The Committee is composed of a minimum of three members with volunteers normally solicited during the annual homeowners meeting. All members must be approved or appointed by the Board of Directors (see Architectural Committee). The committee normally meets once a month. The primary purpose of the meeting is to review all architectural requests received by the Committee during the previous month and to approve or disapprove requests. Additional homeowner inputs are welcomed and will be promptly considered by the Board/Committee.
Architectural
Guidelines are subject to revision without notice. In all cases,
your architectural committee is the final authority and judge of
what is acceptable within the Lochmere community. THESE ARE THE RESPONSIBILITIES OF ALL PARTIES AS THEY RELATE TO THE ARCHITECTURAL STANDARDS AND SPECIFICATIONS. A. Board of Directors The Board of Directors is responsible for the final interpretation of the Covenants and Restrictions, and for making decisions about violations and related penalties or legal remedies. B. Architectural Committee The Architectural Committee is responsible for reviewing requests, making site inspections (both before and after the modifications, and approving or disapproving all architectural requests. The Architectural Committee is also responsible for updating these standards, as required, for approval by the Board of Directors. C. Homeowners
Each homeowner
has the responsibility to properly complete and submit an
Architectural Request Form to the Committee in accordance with the
requirements of this Standard prior to making the proposed
improvement. Each homeowner is also responsible for adhering to
these Standards and Specifications, complying with the decisions
made by the Committee, and reporting any problems or violations to
the Committee It is the interpretation of the Committee and the Lochmere Association Board of Directors that the provisions of Article IV apply to a wide variety of aesthetic considerations in the neighborhood. Every attempt has been made to include in this Standard those considerations that have the potential to affect property values. Suggestions for improvement of this document should be submitted to the Committee. The following are examples of the types of changes, additions or deletions that would either (1) require submission of an Architectural Request Form, (2) not require a submission, or (3) are prohibited. While every effort has been made to identify aspects of change requiring approval, the homeowner who has any doubt if his/her situation is adequately addressed should contact HRW for guidance. When in doubt, assume a submission is required. NOTE: It must be recognized that the submission and approval process is administered by volunteers on their own time (nights and weekends) and is inherently lengthy. The Committee meets once within each calendar month. It is the responsibility of each homeowner to plan in advance and allow for the normal turn around time. The committee has 30 days from the date received by HRW to respond. Throughout this document the term “changes” shall include additions, alterations, improvements, removal or relocation A. Types of Changes Which Require Submission 1. Changes to the Exterior of the home, such as but not limited to: a. Awnings b. Decks, deck skirting or screening, patios, and porches c. Driveway extensions and parking pads d. Enclosures e. Fences f. Hedges and screen plantings g. Extensive Landscaping h. Poles, free-standing (e.g. basketball goals) i. Recreation or sports equipment j. Semi-permanent play facilities (see Appendix B) k. Structures including tree houses and/or play houses, play sets l. Swimming pools and hot tubs m. Tree removal (live) or tree additions n. Rooms o. Garages
2. Changes to appearance, such as but not limited to: a. Color including siding, trim and/or doors b. Materials (such as siding and roof)
B. Specific Changes Which Do Not Require a Submission: 1. Flower boxes which are painted to match exterior color approved for home 2. Minor landscaping (see Section IV) 3. Periodic repainting and restaining with the existing color for maintenance 4. Removal of dead trees
C. Specific changes which are Prohibited by the covenants: 1. Commercial advertising sign(s) 2. Vehicles regularly parked on the street or parked on a soft surface 3. Permanent clotheslines or those installed on the exterior of the home or property 4. Pools, above ground
5. Any items
not specifically described as being allowed in compliance with
neighborhood covenants IV. STANDARDS AND SPECIFICATIONS The specifications and details listed below apply to both items requiring submission and not requiring submission and are those that have been identified by the Committee as requiring a specification. For items detailed below, which do not require a submission, the expectation is that the minimum detail will be met. A. Animals No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that: household pets may be kept, provided that they are not bred or maintained for any commercial purpose. B. Clotheslines Exterior clotheslines are prohibited C. Parking/Storage 1. No industrial or commercial type trucks, tractors, buses, inoperable automobiles, boats, campers, or recreational vehicles may be regularly parked outside on the lot unless they are properly screened and approved by the Architectural Committee. 2. On street parking on a regular basis is prohibited. 3. No parking on a soft surface. 4. No trade materials, inventories, boats, trailers or campers may be stored on residential lots without proper screening approved by the Architectural Committee. 5. Temporary storage of materials for modification projects should be discreetly placed and orderly maintained. 6. Trash/garbage cans are required to be screened from view from neighbors and from the street. It is recommended that garbage cans be stored inside the garage. D. Trees 1. The removal of a live tree requires approval unless the tree is less than ten inches (10”) in diameter at a height above the ground of two feet (2’). 2. Removal of dead trees does not require submission, regardless of size. It is the homeowner’s responsibility to ensure that the tree is dead E. Landscaping Landscaping, such as naturalizing an area of yard and/or adding shrubs, trees, flowers, etc., requires approval for alterations costing in excess of $1000.00 (combined labor and materials). Other types of landscaping which represent more significant projects that may be structural, have an impact on adjacent property, or require strong aesthetic consideration, and will require submission: 1. Retaining walls. 2. Drainage, swale, and runoff: careful consideration should be given to landscaping that will regulate current drainage/runoff to adjoining property. Details should be contained in submissions. Should future problems develop, correction is the responsibility of the homeowner who made the modifications even if Committee approval has been granted. F. Hedges and Screen Plantings 1. No side lot line hedge or screen planting shall be installed without approval. 2. Hedge or screen plantings which form a barrier between properties should have: a. Agreement for maintenance access. b. Setbacks to allow for plant growth, i.e., hedge to remain on installer’s property when fully grown. G. Materials and Colors (Houses, garages, other structures) 1. Periodic repainting and restaining with the existing color for maintenance does not require submission. 2. Roof replacement with the same color shingle does not require approval. 3. Only exterior materials comparable to those on existing structures, and compatible with the architectural character of the Lochmere Association, will be approved. 4. Brick and/or stone will remain unpainted, unless painted as part of the original, approved construction. 5. Color changes (Siding, trim, doors, roofs) a. Keep all colors low in intensity (saturation or chroma). b. Color changes from original require Architectural Committee approval. c. Colors must blend with the colors of the homes in the immediate vicinity. d. Actual color samples must be included with a request for a color change.
H. Out Buildings No trailer, tent, shack, barn or other outbuilding may be erected or placed on any home site. I. Mailboxes The residential standards require all properties within Lochmere use the design set forth in the document. When a box and/or post must be replaced, the specifications defined in the residential standards must be used. The mailboxes used in Lochmere are the standard black type that can be purchased at any supply store carrying that style of mailbox. The mailbox posts are available through Posts and Pickets. They can be reached at 772-7170. The color currently approved is Olympic Brand, Water repellant oil stain called “California Rustic.” The numbers should be routed and painted white. This brand may have to be specially ordered. The Birkhaven Section of Lochmere uses Olympic Brand “Beechwood.” The numbers will be routed and painted black J. Driveway Extensions and Pads When necessity has been demonstrated, extensions and pads may be approved. Usually it is necessary that at least three feet be maintained between any addition and adjoining neighbor’s property. Consideration must be given to the need for screening and existing drainage and water run-off must not be compromised.
V. PROCESS Changes, additions, removal or relocation that have been previously identified as requiring submission, or that the homeowners believe may require submission, shall follow the process described in this section. The process will be the same for all submissions with the required details varying depending upon the type of change. Reminders No construction shall begin without Committee written approval of the submission. Therefore, no commitment for labor and/or materials should be given to contractors prior to receipt of written approval. Allow enough time for processing and approval in planning for construction or landscaping. In general, the review and approval cycle is 30 days. If your lot is located in a Sub Association, the Sub Association must first approve the request prior to submission to the Lochmere Association.
A. Planning and Preparation of Submission 1. Using this standard, determine if a submission is required. If yes, continue. 2. Prepare the Architectural Review Form and attach any drawings, sketches and supplemental documents for the Architectural Committee review. A complete submission will FULLY describe/depict the change and stands on its own without need for further explanation or clarification. 3. Sign the form. 4. Present the complete submission to all adjoining property owners and neighbors who may be visually impacted by the change, and obtain their signatures. Note: This signature only reflects that each neighbor has seen the complete submission. It is NOT an approval of the submission. 5. After completing step 1-4 (above), present the submission to HRW, Inc. at the address on the top of the Architectural Request form. Incomplete or illegible submissions will be returned immediately to the homeowner. Upon receipt of a complete and legible submission, the review process will begin. B. Architectural Committee Review 1. The Committee will review submissions at its monthly meeting. Also, any responses by adjoining property owners will be reviewed and taken into consideration. 2. The submission will be voted on by the Architectural Committee, who will reach a consensus decision for approval, approval with modifications (recommended changes to the original concept) or disapproval. 3. The Committee will convey the Committee’s decision to HRW, and HRW will notify the owner and provide necessary details after receiving the Committee’s decision. 4. Approval of any submission or portion thereof does not ensure approval of similar submissions, as each submission will be considered on its own merits. 5. A proper submission approved by the Committee is equivalent to a contract to comply with the specific details. Significant alterations/deviations from the plan reviewed and approved by the Architectural Committee will require resubmission. C. Appeals/Resubmissions To appeal a disapproved submission, the homeowner should submit a written response including specific detailed information that clarifies why the submission should be reconsidered. The homeowner may also request a meeting with the Committee to further discuss the submission D. Time Frame for Construction 1. Construction should begin at the indicated start date or within three months after the date of the written approval by the Committee. Work must be completed within a maximum of one year after the start of construction. If a project will take longer than one year it must be stated in the request. 2. Approval for projects that are not begun as specified above will lapse, and the applicant must resubmit the proposal or a written request for extension to the Committee Chairperson. E. Details for Submission In some cases many attributes or details of a proposed change, addition or deletion are required for the Committee to make sound responsible decisions. In other cases the nature of the change will be simple and straightforward, as will be the submission. The following items may be used as a method of describing or visually depicting the requested change (as applicable). 1. Pictures, magazine cutouts, etc. 2. Color chips. 3. Plot plans - top down drawing showing location of existing structure(s), property boundaries in relation to adjoining property(s), and location of proposed change(s). 4. Elevation drawings - a side view that will show height, topography of land, and visual image of the change. 5. Written description of the types of materials to be used or a contractor’s bill of materials. 6. Written and/or visual depiction of construction details. 7. Location for building material storage during construction, soil disposal plan, drainage plan, and landscaping or revegetation plan (as applicable). 8. Any other aids that will assist the Committee in their review. 9. Identification of the party responsible for performing the improvement (homeowner, contractor name, etc.). 10. Roof pitch (The required roof pitch is 6:12. The committee will not consider a variance on a roof pitch lower than 3:12). 11. Estimated completion date. 12. Estimated start date. 13. Drawings need to be to scale to show a relationship to location, height, etc., with the dimensions and scale used clearly marked on all drawings. For major construction projects such as additions, sunrooms, dormers, etc., for which a hired contractor is used, the design drawing should suffice, showing rooflines and other such detail. F. Inspection The Architectural Committee will, from time to time, do random on-site inspections to assure compliance with approved submissions. Homeowners are asked to cooperate during such inspections. If deficiencies or significant deviations are noted, the Committee will notify the homeowner in writing, with a response expected within 30 days. G. Violations The Board of Directors will handle violations as described in Section VI. H. Permits If a Town of Cary permit is required, it is the responsibility of the homeowner to obtain the permit.
VI. VIOLATIONS AND LOCHMERE ASSOCIATION REMEDIES There are essentially two types of violations that must be dealt with by Lochmere Association: Implementing a change, addition, or deletion without approval of a properly completed submission, and Deviation or noncompliance with an approved submission.
A. Remedial Process The Architectural Committee generally expects to amicably resolve violations and disputes regarding interpretation of the Standard through straightforward discussions with the homeowners. After all attempts to resolve a violation have been exhausted, including the opportunity for a hearing, the Architectural Committee will select the appropriate remedy and notify the Property Owner of such action. The Board of Directors is hopeful that homeowners will act as good neighbors and therefore minimize the time and expense associated with unpleasant legal remedies. B. Homeowner Association Remedies 1. The Lochmere Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Lochmere Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 2. Remedies include but are not limited to: a. Obtaining a Restraining Order to prevent an action. b. Obtaining a Court Order to require the homeowner to remove a project. c. As authorized by the Planned Community Act, which became law on January 1, 1999, imposing a daily fine for each day the violation remains
Guidelines for the Construction of Fences Page 16 Guidelines for Swing Sets, Forts, Tents, Sand Boxes, Trampolines and Tree Houses Page 18 Guidelines for Basketball Goals Page 18 Guidelines for Decks, Arbors and Patios Page 19 Guidelines for Maintenance Page 20 Guidelines for Pools Page 20 Guidelines for Signs Page 20
Appendix A Guidelines for the Construction of Fence It is the intention of these guidelines to allow fencing so that the homeowner has the option of creating an enclosed or semi-enclosed backyard for privacy, security, or protection of small children, using a fence that is both long lasting and provides aesthetic continuity. The Architectural Committee shall review all proposed fence locations and details. Each case shall be reviewed on an individual basis. Quality materials and construction methods shall be employed. The following architectural guidelines for fencing will assist the Committee and protect the total development. The fence guidelines provide minimum standards to assure sound, long lasting construction and aesthetic continuity. 1. All fence installations must be approved prior to installation. This emphasis is required because in situations where the property owner has either had to remove, change or move the fence it has been at significant expense. 2. The preferred fencing is one that consists of live plantings, particularly in situations where the purpose is to screen something from view; however, if a material is used, wood is the preferred material for fences. 3. Every fence will be considered on its own merits. 4. Several styles have been used in Lochmere, dependent upon the purpose, and the particulars of the property. 5. Regardless of type, all fences should be no more than (5) five feet high, and all must have the good side facing out. 6. Any non-living fence plan must address live screening to help obscure the fence from view, particularly as viewed from neighbors or from the street. 7. In those cases where complete containment is required, such as for small children or pets, there are several options. a. In that there are several options a picket fence with pickets about two to four inches wide and spacing about equal to the width. b. A board fence with exposed posts (rails abutting the posts), with a decorative top (either scalloped or rainbow, but not flat). It is preferred that there be spacing between boards. All posts must have decorative finial. c. A lattice fence installed with the (8) eight-foot dimension horizontal, and with the lattice framed and capped. 10. No chain link fences are allowed.
1. Submit a top down map (surveyor’s plat) to indicate the exact location of the fence in relation to the house and property lines. a. Dimensions should be included. 2. Fencing shall be allowed only with approval of the Architectural Committee. a. No fencing shall be allowed within 50 feet of any lake or pond, within 50 feet of the golf course, within 25 feet of any street right-of-way or active greenway. b. For all other lots, fencing shall be either at a property line or set back 5 or more feet. 3. In general, fences should extend from the rear property line forward no more than half way between the front and rear building line of the home. 4. No fence should extend beyond the front line of the dwelling. 5. Setbacks may be required for landscaping. 6. A landscaping plan should be submitted with the request for approval of the fence. 7. Property owners are cautioned that building a fence that infringes on easements or access right-of-ways may result in removal or destruction of the fence. a. Such building is done entirely at the risk and expense of the property owner. 8. Consideration should be given to access and ease of maintenance when selecting location and treatment.
9. Natural or
landscaped drainage must not be disturbed during the installation
of the fence. Appendix B Guidelines for Swing Sets, Forts, Tents, Sand Boxes, Trampolines and Tree Houses Recognizing that Lochmere is a community largely populated by families having young children; your Committee has adopted the following guidelines governing exterior, semi-permanent play facilities. It is the purpose of these guidelines to encourage youthful play while minimizing the visual impact of bright colors against the natural foliage. A. Construction materials should be natural wood or earthtone, with neutral canvas covers where applicable. The installation of brightly colored metal or plastic play facilities is discouraged. B. Children’s playhouses may be proposed provided that their exterior size is less than 8’ wide by 8’ deep by 8’ high (roof peak). The design of the playhouse should be that of a miniature house, with consistency as to neighborhood style, color and trim. C. Swing sets should only be of a type that is commercially available and no larger than 24’ x 8’ (length, width). D. All play equipment should be constructed behind the building envelope or in a location screened from the street. E. The Lochmere Community is an aesthetically pleasing environment. However, the proximity of our homes dictates that we be especially mindful not to intrude on our neighbors’ vistas.
Appendix C Guidelines for Basketball Goals & Recreational Equipment Recognizing that the scenic views across front yards and along Lochmere’s roads are for the enjoyment of all and well worth protecting, any proposed installation of a basketball goal will require the completion of an Architectural Request Form. Subject to the approval of the Committee, one pole-mounted basketball goal may be proposed for the edge of the driveway, behind or to the side of the house footprint. Submissions for basketball goals should include construction and installation details. The following guidelines govern the installation of basketball goals and other permanently affixed recreational equipment. A. No recreational equipment of any type should be permanently affixed to the exterior of any residence, including the garage. B. No basketball goals are permitted in the street nor should any recreational equipment be left in the street while not in use. C. To better preserve sight lines with minimal clutter, consideration should be given to installing sleeve-mounted or portable weighted base basketball goals, which should be removed from sight when not in use. D. Basketball goals, approved for installation, should have a white, black or clear backboard and black or white pole. E. To be considerate of your neighbors, it is requested that play be limited to the hours of 10:00 a.m. - dusk (not later than 8 p.m.) weekdays and 10:00 a.m. - dusk (not later than 9 p.m.) weekends.
Appendix D Guidelines for Decks, Arbors and Patios The Board encourages creative designs and patterns for decks, arbors and patios, particularly in replacement of existing builder-supplied components. However, plans for such improvements shall be submitted to the Architectural Committee for approval. A. There are no predetermined styles in this document for decks, arbors or patios. B. Deck Materials 1. Deck materials are generally pressure treated wood. 2. Posts may be made of brick, pressure treated wood or other suitable material. C. Patio Materials 1. Concrete slabs with smooth finish or exposed aggregate. Include landscape plan in request for privacy on a patio. 2. Bricks or pavers with sand fill or grout. 3. Stone with sand fill or grout. D. Arbor Materials Arbors must be constructed of materials consistent with the home’s exterior, the deck or both. E. Height of decks, arbors and screens 1. Decks should be of a reasonable height for their intended purpose. 2. Arbors should be no higher than eight feet above the deck surface. 3. Freestanding deck screens (e.g., lattice) shall not exceed six feet in height. 4. Screens as part of an arbor may extend to the arbor. F. Location 1. Patios normally should be located behind the house, but may extend beyond, around corners, or be freestanding. 2. Obstruction of views or breezeways of adjoining properties will be given consideration in all cases.
Appendix E Guidelines for Maintenance It is the primary responsibility of homeowners to maintain their property in a way that does not detract from the overall beauty of the neighborhood. It is hoped that each and every homeowner will take this responsibility seriously, as this can severely affect the value of all properties. With the intent of neighborly consideration, the following is a list of areas that should be reviewed on a regular basis to insure that your home is in good repair: A. Shrubbery, Trees, and Lawns B. Driveways and Sidewalks C. Decks D. Fences E. Playground Equipment F. Roofing G. Paint and Stain H. Garbage Can Storage I. Mailbox Posts and/or Mailboxes
Appendix F. Guidelines for Pools All pool submissions must include location of equipment, size of pool, size of deck, and setbacks. A. Pools must meet minimum setback requirements of both the Town of Cary and Lochmere. B. Runoff from pool drainage must be considered in overall landscape plan. C. Above-ground pools are prohibited.
Appendix G. Guidelines for Signs No signs are permitted in the Lochmere common areas other than Association signs, i.e., neighborhood name signs. The following signs, not exceeding 3 ½’ x 2 ½’, are permitted on a lot: B. One rental or one sale sign including name rider and sold rider on the main body of the sign. C. One political candidate sign D. One Yard Sale sign E. One contractor sign during the duration of the work Illegal signs will be removed and a fine may be levied against the responsible lot owner. Architectural Request Form |