LAKE PARKER ESTATES
DESIGN REVIEW MANUAL
APPROVED BY THE BOARD OF DIRECTORS OF
THE PROPERTY OWNERS ASSOCIATION OF LAKE PARKER ESTATES, INC.
ON OCTOBER 4, 2005 AT A DULY NOTICED
BOARD OF DIRECTORS MEETING
TABLE OF CONTENTS
PAGE
Part 1: Introduction 3
Part 2: The Design Review Board 4
Part 3: Design Review Procedures 6
Part 4: Site and Architectural Design Standards 10
Part 5: Landscape and Irrigation Design Standards 13
PART 1
INTRODUCTION
The following manual is a set of standards approved by the Board of Directors, pursuant to Article IX of the Declaration of Covenants and Restrictions (the “Declaration”) for Lake Parker Estates. There are a series of architectural and construction restrictions contained in Article VIII of the Declaration, and the standards contained in this manual are intended to be in addition to the provisions of the Declaration. All improvements, changes or modifications to the existing grounds, landscaping, or exterior of any house must have the approval of the Board of Directors, sitting in its capacity as the Design Review Board.
The intent of this manual, as well as the existence of the Design Review Board (“DRB”), is to provide the guidelines required for maintaining an aesthetically-pleasing community. Adhering to these guidelines is beneficial for all involved in that they are meant to protect the investment of the homeowners, as well as portray a quality community of well-planned homes constructed with long lasting materials.
In conjunction with the Declaration, the Articles of Incorporation, and the By-Laws (the “Governing Documents”) of The Property Owners Association of Lake Parker Estates, Inc. (the “Association), the design standards are binding on all parties having interest in any portion of the Association, and each homeowner is required to comply with the requirements as set forth. Any failure to comply with these requirements will be subject to remedies provided for in the Governing Documents.
The Board of Directors of the Association has the sole and exclusive right to propose changes related to landscape and architectural design standards, criteria, and specifications, to this manual from time to time.
All terms in this Design Review Manual shall have the meanings customarily attributed to them by architects and/or engineers.
PART 2
THE DESIGN REVIEW BOARD
A. PURPOSE
1. The DRB shall review all applications from Builders or Homeowners (“Applicant”) for all new improvements and alterations, modifications, or changes to existing approved improvements, including landscaping.
2. The DRB shall either (i) approve, (ii) approve with conditions, or (iii) disapprove all applications submitted to it on the basis of functional, public safety and aesthetic considerations and the overall benefit or detriment to Lake Parker Estates; and for compliance with the Declaration, and the Design Standards as set forth in this Design Review Manual.
3. Each application shall be evaluated on its own merits with reasonable flexibility for design function and creativity. The approval of any application shall not be deemed to constitute a waiver of any future approval to any similar applications.
B. MEMBERSHIP
The DRB shall consist of the Board of Directors.
C. APPLICATIONS
All applications must be received at least five (5) business days prior to a scheduled DRB meeting. Any incomplete applications will be returned, with no action taken. An application may be withdrawn from consideration by the DRB without prejudice, provided the request for withdrawal is made in writing and filed with the DRB at least 24 hours prior to the review of the application. Applications will be accepted by the DRB pursuant to the terms of the submission policy, which may be obtained by contacting an DRB member.
D. RESPONSIBILITIES
On behalf of the Association, the DRB is empowered to perform the following services:
1. To assure compatible architectural designs and harmonious relationships with neighboring properties and land uses;
2. To collect fees for the review of applications, as may be required in the Governing Documents;
3. To contact Applicants whose plans and specifications have been approved with conditions, or disapproved, and to provide reasonable assistance and recommendations for adjustments to bring applications into compliance with the Design Review Manual and the Declaration; and
4. To maintain copies of applications, design documents, and related records.
E. LIMITATION OF RESPONSIBILITIES
The DRB shall not be responsible for any of the following:
1. The structural adequacy, capacity or safety features of any proposed improvement;
2. Finish floor elevations, soil erosion, uncompactable or unstable soil conditions, or site grading and drainage;
3. Compliance with any local, state, and/or Federal building codes, safety requirements, governmental laws, regulations and/or ordinances; and
4. Performance or quality of work of any Contractor.
5. The DRB, the Board, and the officers and members thereof shall not be deemed to have assumed any liability for any damage, loss or prejudice suffered or claimed on account of any undertaking by consequence of its enactment and enforcement of, or failure to enact or enforce minimum standards for such improvement, and no act or omission shall be construed to impose any liability upon the DRB, the Board, or the officers and members thereof for damages which any Applicant may sustain. Applicant in each instance shall be responsible for the safety and quality of the improvement constructed or erected by or for said Applicant. It is understood that the standards imposed by these guidelines, and the restrictions contained in the Governing Documents, are in all cases minimum standards.
F. CONSTRUCTION OBSERVATION
The DRB shall have the right, but not the obligation, to make periodic field visits to observe construction to determine compliance of any application with this manual or the Declaration.
PART 3
DESIGN REVIEW PROCEDURES
A. OVERVIEW
The design and construction review process is a four-step process, as follows:
1. Application submittal and DRB review, including optional pre-design conference;
2. Submission of approved plans for permits;
3. Commencement of construction; and
4. Final DRB inspection and acceptance.
B. STEP ONE: APPLICATION SUBMITTAL AND DRB REVIEW
1. Pre-design conference: Any Applicant may request a meeting with a member of the DRB at a pre-design conference prior to the preparation and submission of detailed plans and specifications for approval. This meeting is not mandatory, but is provided for the Applicant’s assistance. Any information provided by the DRB shall not constitute approval for the commencement of construction, nor approval of any application.
2. Application submittal:
a. No construction of a building or structural improvement, landscaping or other site improvement, or alteration/addition to any existing site improvement shall be made on any property until the plans and specifications have been submitted to and approved by the DRB.
b. The Applicant shall submit the application and one (1) set of final plans (drawings, specifications, shop drawings, etc.) consisting of the following, where applicable:
i. A site plan at a legible scale showing the approximate location and dimensions of all modifications, including driveway, irrigation, and swimming pools.
ii. Landscape plans if improvement involves changes to the current landscape.
iii. Floor plans if applicable.
iv. Exterior elevations if applicable.
v. Specifications, manufacturers models (if applicable), photos, product samples and color chips of all exterior finishes and materials (including special paving) to be incorporated into the plan.
vi. Any other information, data, and drawings as may be reasonably requested by the DRB.
3. DRB Review: The DRB shall review the information and indicate its approval, approval with conditions, or disapproval. The DRB will review the accompanying documents within thirty (30) days and return one set of plans to the Applicant with the appropriate response. In the event the DRB fails to provide such written response within thirty (30) days, then the plans and specifications shall be deemed APPROVED. NO CONSTRUCTION OR OTHER ACTIVITY shall be made on any property until the application has received final approval by the DRB. In the case of an incomplete application or the request by the DRB for more information, the Applicant will have thirty (30) days to comply with the request. In the case of disapproval, the DRB shall provide reasons for its disapproval. The Applicant may resubmit his/her/their plan with modifications as recommended by the DRB.
C. STEP TWO: SUBMISSION OF APPROVED PLANS FOR PERMITS
Following application and approval, the Applicant shall submit his/her/their plans to the Building Department of the required agencies that have jurisdiction for the required permits that may be needed for the project.
D. STEP THREE: COMMENCEMENT OF CONSTRUCTION
1. Upon completion of Step Two, a copy of any and all permits must be submitted to the DRB prior to the Applicant beginning construction. If the request does not require a permit, the DRB must approve all materials utilized in the project before commencement. Any modification to the original application for any reason must be re-approved by the DRB.
2. Construction of all Improvements shall commence within one (1) year of approval by the DRB or approval shall be forfeited. If approval is granted with conditions, the conditions shall be satisfied within sixty (60) days of approval or approval shall be forfeited. If approval is forfeited under these conditions, a new application must be submitted and approved before commencement of construction. If circumstances outside of the Applicant’s control make satisfying this provision impossible or unreasonably difficult, Applicant can request an extension of time from the DRB.
E. STEP FOUR: FINAL DRB INSPECTION AND ACCEPTANCE
1. Upon completion of the improvement, the Applicant shall give written notice to the DRB requesting a final inspection. Attached to this notice shall be, if applicable, a final survey and/or copy of Certificate of Occupancy for the improvement. Any damage to streets, curbs, drainage inlets, sidewalks, street signs, walls, community signage, landscaping, irrigation, etc., must be repaired or the damage will be repaired by the Association and such costs will be charged to the Applicant.
2. After final inspection of the improvement, provided such inspection determines that the improvement was constructed in substantial compliance with the plans and specifications submitted for approval, the DRB shall grant final acceptance in writing to the Applicant.
F. CONDUCT
All Applicants shall be held responsible for the acts of their employees, subcontractors, and any other persons or parties involved in construction or alteration of the home site. The responsibilities include, but are not limited to, the following:
1. Ensuring that the construction site, community properties and roadways are kept clean and free of all debris and waste materials, and that stockpiles of unused materials are kept in a neat and orderly fashion;
2. Ensuring that materials shall be stored and disposed of in a lawful manner. No material or debris shall be dumped in conservation or Common Areas;
3. Prohibiting the consumption of alcoholic beverages, illegal drugs or other intoxicants that could hamper the safety or well-being of other personnel on the site;
4. Ensuring that noise pollution shall be kept at a minimum; and
5. Ensuring that work only takes place between the hours of 7:00 a.m. and 5:30 p.m. Monday through Saturday. If requested, the DRB has the discretion to grant extensions for working hours.
G. EXEMPTIONS TO DESIGN REVIEW PROCESS
The following modifications do not require prior approval by the DRB:
1. Repainting house exterior and trims in the identical color previously approved by the DRB;
2. Resurfacing existing driveways in the identical color/material previously approved by the DRB;
3. Replacing existing screening with identical screening materials previously approved by the DRB;
4. Replacing existing exterior doors with identical exterior doors previously approved by the DRB;
5. Replacing existing mailbox or security lighting with identical mailbox or security lighting previously approved by the DRB; and
6. Replacing existing roof with identical roof material previously approved by the DRB.
7. Installing poured concrete decorative edging.
All references in this section to “identical” shall mean that such items shall be replaced with an item that is identical in all respects to the existing item (i.e., identical style, texture, size, color, type, etc.).
H. ADMINISTRATIVE FEES
1. As a means of defraying the DRB’s expenses, the Board of Directors may institute and require a reasonable filing fee to accompany the submission of the application, as provided in Article IX of the Declaration of Covenants and Restrictions. No additional fee shall be required for resubmission. If special architectural or other professional review is required of any particular modification, the Applicant shall also be responsible for reimbursing the DRB for the cost of such review.
2. The DRB maintains a list of Improvements that are exempt from the filing fee, including all items listed in Section G above.
PART 4
SITE AND ARCHITECTURAL DESIGN STANDARDS
A. GRADING AND DRAINAGE
1. All grading and drainage shall be in accordance with the plans as approved by the appropriate agency having jurisdiction over any permits required for such plans.
2. No bulldozing or clearing of trees shall be commenced until the DRB has approved plans. However, DRB approval is not required for the removal of dead or damaged trees and/or tree limbs; nor is DRB approval required for the removal of trees pursuant to the provisions of Article VIII, Section 16 of the Declaration; nor is DRB approval required for the removal of trees and/or tree limbs, if a City or County governmental entity has mandated the removal.
3. Fill shall not be deposited on any property without DRB approval.
4. Paved areas shall be designed so that surface waters shall be collected at intervals in conformance with local regulatory codes and will not obstruct the movement of vehicular or pedestrian traffic, nor create puddles or ponding in paved or swale areas.
5. Emphasis shall be placed on the site’s natural character, and all improvements shall conform to the natural contours of the land wherever possible.
B. SIZE AND HEIGHT OF BUILDINGS, STRUCTURES AND SETBACKS
1. No foundation shall be placed until the DRB has approved the plans. Foundations shall be located to minimize disruption of existing trees.
2. The living area of each home, including building and structure setbacks, shall be in conformance with the provisions of Article VIII of the Declaration of Covenants, Conditions and Restrictions.
3. Yard setbacks to any dwelling or structure on corner lots shall be a minimum of thirty (30) feet from each lot line abutting the street.