Architectural Reference
Design Guidelines
Whitfield at Ridgewalk HOA — Design Guidelines and Review Procedures (revised January 13, 2022).
1.Introduction and Overview
The Architectural Control Committee ("ACC") is a committee of the Whitfield at Ridgewalk Homeowners Association ("Association"), intended to help maintain a higher standard in quality and design for the homes governed by the Association. Today, the ACC not only regulates ongoing compliance with these quality standards but also manages the adherence of the Association's Covenants and guidelines concerning the image of our neighborhood. These Design Guidelines are provided to form the basis for a common understanding of the design objectives and standards for all members. These Procedures will be used by the ACC to review plans and specifications pursuant to the provisions of the Declaration of Covenants, Restrictions and Easements ("Covenants").
1.1 Definition of Modifications
A modification is defined as an alteration, addition or deletion to any of the following:
Landscaping and Modifications to Land
- Plant Materials
- Tree Removal
- Change of Grade or Topography
- Drainage
- Retaining Walls and Foundations
- Bed Walls, Edging Materials, Mulch
- Pathways, Sidewalks, Driveways
- Exterior Lighting
- Fences and Walls
- Gazebos, Arbors, Pergolas
- Benches, Lawn Furniture
- Basketball Goals, Play Equipment, Swing Sets, Sports Equipment
- Animal Houses
- Swimming Pools, Hot Tubs, Jacuzzis, Fountains & Decorative Pools/Ponds
- Mailboxes
- Trashcans, Hose Screens
- Antennas, Satellite Dishes
Structural Modifications
- Exterior Materials; Siding & Trims
- Doors, Windows, Garage Doors, Shutters and Window Treatment
- Exterior Wall Finishing; Paint, Stains, Brick, Stone, etc.
- Decks and Railing
- Screened Porches, Sunrooms, Any Exterior Visible Room Addition
- Terraces, walls, drives, turn-a-rounds and walkways
- Detached Structures
- Roofs
- Awnings
- Chimneys
- Stoops & Steps
- Any other exterior items related to the image of your home, but not specifically mentioned on this list
1.2 Who is subject to the approval process?
All members are responsible for obtaining the necessary review and approvals to comply with the Association's governing documents. While the original builder of your home was responsible for new construction, you, the current homeowner, are responsible for anything that is a modification or deviation from the original house and/or landscape plans. There are no exemptions or automatic approvals. Each application is reviewed on an individual basis. When you purchased your home, your realtor may have given you a copy of the Association Covenants and you would have "signed off" on, or agreed to abide by, the terms and conditions there.
1.3 Who administers the approval process?
The final authority for administration of the approval process lies with the Association. However, the Committee may delegate the responsibility for administering these procedures.
1.4 Application for Review
Applications for modifications must be made on the ACC Exterior Modification Request form as found on the Association website and available from our management office. This form may change from time to time (www.whitfieldatridgewalk.com). This document must be submitted to:
Atlanta Community Services (ACS)
6150 Southard Trace, Suite 202
Cumming, GA 30040
tonya@atlantacommunityservices.com
(678) 730-4342
The Committee's decision may be:
- Approval of Modification
- Conditional Approval with stipulations
- Denial of Modification
- Conditional Denial pending submission of additional requested information
- Deferral of decision until a specific later date pending on-site review by the ACC
Approved applications/projects remain valid for 90 days from the date of approval. Should an approved project take longer than a year to complete, a new application or approved request for extension is required.
2.Design Review Procedures
2.1 Modifications Review
All applications for modifications must be submitted to the Architectural Control Committee in accordance with the procedures outlined below PRIOR TO MAKING ANY MODIFICATIONS.
Step 1 — Be Courteous to Neighbors
Although neighbors' approval may not be necessary, it is always a good idea to discuss your intentions with your neighbors.
Homeowners submitting requests to install fencing, plant materials which may eventually encroach upon property lines, other modifications on or close to the property line, or any modification which may impact your neighbor in some way, should particularly be discussed with your neighbor prior to signing and submitting your request forms to the ACC. This could alleviate any potential friction with your neighbors and ensure that your project isn't delayed later by neighbor objections.
Step 2 — Submit an Application
The Applicant must submit an application and one (1) set of plans drawn to scale indicating the extent of proposed project in sufficient detail to allow review. This must include drawings of exterior building, elevation changes, material, finish & color schedules and any construction details. A landscape plan must show placement, number, species and size of proposed landscape additions. Any modification other than a color change requires a site plan of at least (1" = 20') showing the following:
- Property lines
- Setback and easements
- Footprint of house and driveway, sidewalks, decks, patio retaining walls, etc.
- Existing trees and landscaping
- All proposed improvements, dimensioned to properly locate them from the house or property line
The modification submittal must be submitted as indicated in Section 1.4 of this document.
Step 3 — Written Response
After review of application the Management Company will provide a written approval response to the submittals. The Property Manager as noted in Paragraph 1.4 above has the responsibility of conveying the decision made by the ACC.
Step 4 — Inspection
The ACC may, at its sole discretion, inspect the state of the approved project anytime until it has been signed off.
2.2 Regulatory Compliance
Plans submitted for Modifications review must comply with all applicable building codes, zoning regulations and the requirements of all agencies having jurisdiction over the project. It is the responsibility of the Applicant to obtain all necessary permits, inspections and final Certificate of Occupancy. Regulatory approvals do not preclude the authority and responsibility of the ACC for design review and vice versa.
2.3 Final Review
The Committee's final approval of your project application constitutes a binding agreement between the Applicant and the Association. Any deviation from the approved plans must be resubmitted to the Committee for approval. A Committee decision is based on a simple majority and shall not be arbitrary or capricious. The Committee may, at its discretion, assist the Applicant by suggesting alternative design solutions.
2.4 Appeals
Any decision reached by the ACC may be appealed to the Board of Directors. Within 14 days after a decision has been rendered, the Applicant may file a written appeal with the Board of Directors at the address specified in Paragraph 1.4 above.
Technical design information supporting the appeal request must be included with the request. All appeals will be reviewed on a case-by-case basis, and the granting of an appeal for one residence for a particular situation does not imply or warrant that a similar appeal would be granted on another residence.
Each case will be reviewed on its own design merits, and in keeping with the overall objectives of the Design Guidelines.
3.Enforcement
3.1 Responsibilities of ACC
The ACC is responsible for keeping all homes and homeowners in compliance with the terms and conditions of the Associations' governing documents. The ACC is specifically responsible for ensuring homeowner compliance with regards to (including but not limited to):
- Use of Lots
- Signage
- Vehicle Parking & Speed
- Pets and Animals
- Nuisance and Disruptive Activity
- Property Maintenance
- Antennas
- Landscaping
- Tree Removal
- Lighting
- Garbage Cans, Woodpiles, Clotheslines
- Fences
- Exterior Colors of Homes
- Mailboxes
- Detached Structures
- Pools and Hot Tubs
- Garage Conversions
- Structural Modifications or Additions
To this end, members of the Community Management Company and the ACC regularly inspect the visual impact of every home in the neighborhood and may, from time to time, bring to the attention of the homeowners where they are not in compliance. Should any particular homeowner consistently violate the Covenants, they are reported to the Association who, in their discretion, may impose fines or take other actions to encourage compliance. Specific rules are detailed in Section 5 of this document.
3.2 Remedies
The provisions for enforcement of the Covenants as it applies to non-conformance of the architectural guidelines as shall apply to the enforcement of these Design Review Procedures and Guidelines, in addition to any other available remedies.
In order to ensure compliance with the Association's governing documents and these Design Guidelines, the Association has the authority to:
(d) In the event that any construction or alteration or landscaping work is undertaken or performed upon any Lot without application having been first made and approval obtained as provided in paragraph (a) of this section, said work shall be deemed to be in violation of this covenant, and the person upon whose Lot said work was undertaken or performed may be required to restore it to its original condition, at his sole expense, the property upon which said work was undertaken or performed. Upon the failure or refusal of any person to perform the restoration required herein, the ACC, or their authorized agents or employees, may, after fourteen (14) days' notice to such person, enter upon the property upon which such unauthorized work has been performed, and make such restoration as the ACC, in the exercise of its discretion, may deem necessary or advisable. The person upon whose Lot such restoration work shall have been so performed shall be personally liable to the Association for all direct and indirect costs which the Association shall incur in the performance of such restoration work, including without limitation attorney's fees, and the liability for such cost shall be secured by all the liens, and shall be subject to the same means of collection, as the assessments provided for in this Declaration. Such costs shall be paid to the Association by the person liable for the same at the same time as the next due Annual Assessment payment, or at such earlier time, and in such installments, as the Board of Directors shall determine.
3.3 Waiver, Amendment and Third-Party Benefit
The ACC maintains the right, from time to time, with concurrence of the Board of Directors, to waive, amend or modify these Procedures and Guidelines. The ACC, its agents, representatives or employees shall not be liable for failure to follow these Procedures and Guidelines as defined herein. These Procedures and Guidelines confer no third party benefit or rights upon any entity, person or applicant.
3.4 Non-Liability of the ACC
Neither the Board of Directors, ACC, nor its respective members, Chairperson, Secretary, successors, assigns, agents, representatives, or employees shall be liable for damages or otherwise to anyone submitting plans to it for approval, or to any Applicant by reason of mistake in judgment, negligence or non-feasance, arising out of any action of the ACC with respect to any submission, or for failure to follow these Procedures or Guidelines. The role of the ACC is directed toward review and approval of site planning, appearance, architectural vocabulary and aesthetics. The ACC assumes no responsibility with regard to design or construction, including without limitation, the civil, structural, mechanical, plumbing or electrical design, methods of construction, or technical suitability of materials.
3.5 Accuracy of Information
Any person submitting plans to the ACC shall be responsible for verification and accuracy of all components of such submission, including, without limitation, all site dimensions, setbacks, easements, grades, elevations, utility locations and other pertinent features of the site or plans. Any persons submitting plans to the ACC shall be responsible for contacting all impacted neighbors prior to signing and submitting the application. Failure to contact appropriate neighbors, if neighbors oppose your plans, may result in withdrawal of the ACC approval of the application.
3.6 Applicant Representation
The Applicant represents by the act of entering into the review process with the ACC that all representatives of Applicant, including, but not limited to, Applicants architect, engineer, contractors, subcontractors, and their agents and employees shall be made aware by the Applicant of all applicable requirements of the ACC and shall abide by these procedures, the Guidelines and Covenants with respect to approval of development plans and specifications.
4.Design Guidelines
Remodeling and additions to existing structures are required to follow the same guidelines as new construction. Criteria governing site location, grading/excavation, structures, roofs, landscape and all other components will remain the same as the previous submittal. Of particular concern will be setbacks, height limits, skylights, solar collectors, recreational features, lighting, antennas, and satellite dishes. Approval from the ACC is required for all of these conditions and all remodeling just as it is for new construction. The Guidelines that follow address a broad range of exterior building and site conditions. They are not intended to be all-inclusive, but rather a guide, by which a high-quality community can be planned, designed, built and maintained.
4.1 Architectural Design Guidelines
4.1.1 Foundations/Retaining Walls
Exposed concrete block or poured concrete foundations and site retaining walls must be covered with stone, brick, or stucco to complement the house materials. Retaining walls that attach to the residence should utilize the same materials as the wall that they adjoin. Crosstie timber walls may only be used if they are in the rear yard of the residence and are approved by the ACC. Wall height is limited to 6 feet.
4.1.2 Painting
Exterior Body. All exterior paint colors must be approved by the ACC. Paint colors to be approved include, but are not limited to, exterior trim, windows, doors, shutters, gutters, garage doors, railings and decks. When submitting paint colors, include a paint chip, and specify manufacturer, color name, and color number if applicable (e.g. Porter — Jade Blue 16306). The ACC may require that the applicant paint a section of the house (4' x 4') with the proposed paint color prior to approving the request.
Exterior color schemes should be limited to three (3) colors. More than three (3) colors may be considered on a case by case basis.
Siding and Trim. Primary colors for siding and trim must be compatible with the natural environment ("primer" white paint is not an accepted color). Colors for windows, doors, louvers, gutters and downspouts must be compatible with the primary and trim colors.
Windows, Shutters, Louvers, and Doors. Windows, shutters, louvers, and doors (including garage doors) shall be painted a single color (i.e. no two-tone). Garage doors should be painted the same color as the trim, although other colors may be considered on a case by case basis. Front doors should generally be painted to match the color of the shutters. "Accent" colors on front doors are generally not allowed but will be considered on a case by case basis.
Exterior Additions and Modifications. For additions and modifications, house and trim materials should be identical to that on the original residence, except where unavailability of original materials or improved materials technology dictates a change.
Painting a Pre-Existing Color. Painting with no change in existing color requires approval as the colors being used must be confirmed and the Association requires documentation that the homeowner is aware of the updated Association requirements related to work and painting.
4.1.3 Exterior Body and Trim Materials
The use of vinyl or aluminum siding or trim products is not approved.
All siding and exterior trim must be marketed and warranted as being able to receive and retain paint.
Cement fiber siding such as Hardiplank, painted to match the existing siding, is permitted to replace original siding.
Fascia, sill nose, brick mould and other exterior trim composed of Cellular PVC or other non-rot materials that are marketed and warranted as being able to receive and retain paint and identical in size and shape to the original, may be used to replace wood products as long as the end color scheme matches existing color schemes they are replacing.
Any changes to original colors or structural and trim materials must be noted on the Modification request submittal and be approved by the ACC.
Garage Doors. Garage door appearance shall be maintained, including repairing dents or other damages. Handles and similar cast iron style accents on the garage doors are allowed. Windows may be added to the existing style garage door but must be submitted for approval. Changing the garage door style will be considered on a case by case basis.
4.1.4 Windows
All window treatments facing the street must be lined in white or ivory to give the community a common look from outside. The type of window treatments may include, but are not limited to, white sheers, white blinds, white plantation shutters, or white lined curtains.
Any deviation to other coverings on the window will be considered on a case by case basis; this includes, but is not limited to, stained glass panels, plastic art window coverings, window film, stained wood window coverings.
Original window material and design are aluminum, double-hung formats. Storm windows are not permitted.
The change of glass and changes in grill placement (e.g. between glass panes, pop-in grills, or architecturally correct grills) will be approved, provided the change is made to all windows of a particular façade of the home (naturally excluding leaded glass or stained windows), and the grill patterns match existing patterns of that home. Any change in grill pattern requires ACC approval — e.g. Colonial to Prairie or Gothic styles, and so on.
Cellular PVC and other synthetic window trim pieces that are marketed and warranted as being able to receive and retain paint may be used to replace identical wood trim without prior approval from the ACC, so long as the replaced trim is painted to match the existing trim.
Shutter style upgrades will be considered on a case-by-case basis from the standard vinyl. No louvered.
4.1.5 Roof
Primary residential roofing materials must be dimensional or architectural asphalt shingles; acceptable colors include Weathered Wood, Slate Blend, black blends, and other colors as approved on a case by case basis. Sheet metal and PVC work such as roof caps, flashings and plumbing vents must be painted to match the roof colors. Roof stacks and plumbing vents must be placed on the rear slopes of roofs and painted to match the roof color.
New Construction Projects. As a general rule, any new roof on additions or new structures should be gabled or hipped with a minimum pitch of 10:12. All front facing gables may not be below 10:12 or over 16:12. Front facing gables must have cornice returns and all roofs must have fascia boards and enclosed cornices.
No skylights may be placed on the front slope of any roof and must have bronze or black anodized frames.
New roof structures of any kind require county building permits, and said required permits may be required by the ACC prior to approval.
4.1.6 Antennas & Satellite Dishes
Satellite dishes, to the extent possible, should be located as inconspicuously as possible consistent with proper operation. Requested placement in order of preference is:
- On the rear of the house below the ridge line
- On the side of the house below the roof peak
4.1.8 Decks & Railings
Approved deck materials are cedar, red wood and pressure treated pine. Railing and step design and details must be approved by the ACC. Decks may be stained or painted with approved colors to match home. Vertical supports for wood decks must be a minimum 6"x6" wood post or a minimum 8"x8" stucco or brick columns. Metal columns must be boxed in wood, stucco or brick to the above requirements.
New composite materials or low maintenance decking such as TREX must be submitted for approval before utilization.
Front porch vertical posts may be wrapped with 1x cedar or redwood and stained clear or the approved fence stain color. The tops and bottoms are to be trimmed out with 1x4's. Painting is not allowed. For houses with front railings, they may be replaced to match the finish. The top cross beam is not allowed to be wrapped.
It is also the homeowner's responsibility to comply with code and other regulatory agencies regarding the engineering and/or safety of deck construction. Building permits are required by county. Approval by the ACC does not imply approval by these authorities.
4.1.9 Screened Porches, Sunrooms & Room Additions
Detailed plans including elevations, and a list of all materials, including:
- Windows
- Roofing
- Siding (if any)
- Decking
- Color selections
Materials must be submitted when applying for new sunrooms, screened or unscreened porches and other room additions to your home. Materials must be consistent with materials on the existing home and painted or stained to match.
4.1.10 Stoops, porches, and steps
Stoops, porches, and steps on front and sides of houses shall be concrete. All additions must be approved by the ACC. All roofs, overhangs, etc. must have matching color composition shingles or metal roofing. Canvas awnings are not allowed on the fronts of residences; they may be used on the side or rear of residences with ACC prior approval.
4.2 Site Design Guidelines
4.2.1 Walls & Fences
No walls or fences shall be erected or maintained on any lot nearer to the street than the rear of the residence. All fences and walls shall be approved by the ACC pursuant to the Design Standards adopted by the Association. Metallic link fences are not permitted.
All wall and fence heights/material must be consistent with the standards mentioned below. No fence or wall may be installed which will impede the natural flow of water across the lot. There are two approved fence styles to choose from, detailed here and pictured in Appendix A.
Adjacent property owners wishing to install approved fencing material shall install same directly upon the property line to prevent un-maintained vegetation from growing in between the two fences.
Standard Privacy Fence
- Natural wood finish with clear sealant only or approved stain color
- 4x4 posts, 1x6 boards
- Cedar or Pressure treated if other type of wood
- No spacing between boards
- Approximately 72-inches high
- Finished sides must face exterior and frame and supports must face interior of fence. No supporting posts shall exceed the height of the fence 1 x 6 boards.
- Boards must have either a dog-ear or scallop design (see Appendix A for illustration of designs)
4.2.2 Sports Equipment, Tennis Courts & Tree Houses
All play equipment including basketball backboards must be approved by the ACC in advance of its placement. The play equipment must be located where it will have a minimum visual impact on adjacent properties and streets. Fixed play equipment should be naturally colored wood or metal.
All play structures shall be located at the rear of the dwelling, or on the inside portion of corner lots within the setback lines.
Tree houses are not encouraged; however, they may be approved if the design is conservative and does not conflict with the style and architecture of the residence. Treehouses should not encroach visually on neighbors, views or privacy.
4.2.3 Detached Buildings and Storage Units
Detached storage, workshop buildings, or other freestanding buildings are generally not permitted.
Outside storage solutions may be installed without prior approval if the following guidelines are met:
- Storage solution must be of resin-based product (i.e., Rubbermaid storage box)
- Colors must be neutral and blend with surroundings. Typical colors would include tan or gray base with green or brown top
- Container must be placed against the rear wall of the house to minimize visual impact to the community
- Container is less than 50 cubic feet
Any storage container or shed that does not meet the above guidelines requires specific approval by the Board of Directors and must be signed off by all adjacent neighbors.
4.2.4 Exterior Lighting and Seasonal Decorations
Except for "Holiday Lighting", all exterior lighting, including low level landscape lighting, must be submitted to and approved by the ACC, and should be a low-level, non-glare type and located to cause minimum visual impact to adjacent properties and streets. Exterior spotlights or floodlights must be hooded to eliminate glare onto adjacent properties and must not spotlight adjacent streets. All exterior lighting should use "warm white" light bulbs ("daylight" lighting is not allowed), and colored lights are not permitted with the exception of holiday and seasonal decorations noted below.
Holiday lighting and seasonal decoration should be tasteful and nothing that is considered a nuisance by the Association will be allowed. Holiday lighting and seasonal decorations should not be in place earlier than 45 days prior to the holiday, and should be removed within thirty (30) days after the holiday.
4.2.5 Bed Walls, Edging Material and Mulch
Landscaping must relate to the existing terrain and natural features of the lot, utilizing plant materials native to the Southeastern United States. The amount and character of the landscaping must conform to the precedent set in the surrounding community. The preferred landscape bed edging is a neat 3"-5" deep trench. Other types of edging should be of natural colors and materials, and should be four (4) inches or less in height. Decorative, professionally installed, designer poured concrete edging should be approved by the ACC prior to installation (edging in a yard is required to match/blend or utilize the same materials for edging — 4x4 post edging is not allowed). The concrete coloring shall blend into the surrounding area and be at ground level. All mulched landscape beds should be covered with natural mulch or small nuggets (brown, black, or similar — no red). Landscape gravel is allowed, but requires pre-approval by the ACC. White landscape rocks are not permitted for mulch.
Landscaping that involves regrading must be approved by the ACC in advance, must conform to Cherokee County soil disturbance regulations, and must not adversely affect drainage flows onto adjacent or downstream properties.
All beds shall be maintained, free of weeds and artificial materials and items. No pots, statues or bric-a-brac may be placed in the beds without approval from the ACC. Wood borders are not allowed.
4.2.6 Plant Material
Front yards must be sodded with Bermuda or Zoysia turf grass, and be kept free of weeds or any other plant material that is not Bermuda or Zoysia grass. A minimum road shoulder of sod 6' wide is required from lot line to lot line and including the entire street exposure of corner lots. Rear yards may be sodded, seeded or treated naturally, and may be Bermuda, Zoysia or Fescue (Fescue is allowed in rear yards only).
Planting of ornamental plants and shrubbery in the front or side yards does not require prior approval. Any planting of trees must have approval.
All shrubbery in front of the house must be maintained no higher than the middle of the first-floor window.
Ivy and other climbing plants and/or vines must be trimmed and must be kept from climbing houses, structures or trees.
Plants should be planted in the ground. Pots may not be used in beds or the lawn as part of an ornamental design plan unless approved by the ACC.
Outdoor storage of garden tools and hoses must be completely screened from view. Preferably these items should be stored inside either garage or basement.
Corner lot sight triangle. On all corner lots at public street intersections in any area zoned as residential there shall be no fence, wall, hedge or other landscaping higher than three feet, nor any obstruction to vision other than a post, column or tree not exceeding one foot in its greatest cross-sectional dimension between a height of three feet and a height of ten feet above the established grade of either street within that triangular area. At intersections where over-width right of way exists, the measurement for the unobstructed sight triangle at public street intersections shall be measured from a point seven feet from the back of curb. The unobstructed sight triangle shall be formed by two separate lines parallel to the street property lines, which are offset 7 feet from the back of the street curbs, and joined by a diagonal line connecting the two separate lines at the required distance. Over-width right-of-way is defined as the width or right-of-way that exceeds the amount required as shown on the street classification map.
Sidewalks. No owner or occupant of land shall allow or permit obstructions of any kind (i.e. garbage, debris, decomposed granite or landscape materials, trees, shrubs or plant growth, etc.) to impede, obstruct or interfere with the passage of any public sidewalk; provided however, this section shall not prohibit the temporary storage of such matters in authorized receptacles for collection, or the passage of sidewalk cleaning and repair equipment and/or personnel. In the event any owner or occupant of land allows trees, shrubs, or plant growth on that land to impede, obstruct or interfere with the passage of any sidewalk, the Town may cut or trim such trees, shrubs or plant growth, or otherwise take measures necessary to eliminate the impeding, obstruction, or interference with the passage on the sidewalk.
4.2.7 Animal Houses
Any structure to house household pets must be approved by the ACC. Animal house exterior colors and materials must relate to the exterior of the house or be neutral in color. The structure should be completely screened from any view from surrounding properties and roads, and be discreetly located so as not to cause a nuisance to neighbors. Clotheslines and/or fenced "dog runs" are not allowed. Animals may not be left outside overnight.
4.2.8 Mailboxes
All mailboxes must conform to the approved design standard for the Association. Mailboxes shall be metal painted black semi-gloss. Numbers to be 3" tall on the 4x4 wooden post. Boxes must have a red flag and box dimensions must be 7" wide x 9½" high x 20" deep. Mailbox posts must be 40-45" tall to the bottom of the box, 4x4 wood, and must be painted gloss pure white. Only one (1) mailbox per Lot is permitted. Landscaping around mailboxes shall be limited to low plantings (mature plants less than 24" in height). Vines or other plant material, which will cover the entire mailbox and cover the residence number, are not allowed.
It is also the homeowner's responsibility to keep the mailbox and post aesthetically attractive and painted when needed. This is one of the areas where the ACC receives most complaints.
Painting a mailbox is not a difficult task, should a homeowner elect to paint their mailbox. Local hardware or paint stores sell Rustoleum, Krylon, or other consumer-oriented project paints. Select a paint that is exterior semi-gloss black for the mailbox and gloss pure white for the post, that indicates it is suitable for use on metal (or has a picture of it applied to metal), in a spray can. The instructions will explain to scrape or sand loose paint and rust, and to wash and rinse the mailbox. Follow the instructions on the can. Do not put anything on top of the paint, as peeling is caused by poor adhesion of the paint to the mailbox — do sand or scrape the mailbox and post before applying new paint.
4.2.9 Fire Hydrants and Utility Boxes
Landscaping around fire hydrants and utility boxes is prohibited by the fire department and utility companies and these items should be clear of any shrubs or bushes. Low growing flowers are permitted around utility boxes, as long as they do not interfere with the mechanism or restrict access.
4.2.10 Lawn Furniture
Any lawn furniture may not be placed in the front of residences, in front yards or any location where it will be visible from the street, including benches, without approval of the ACC prior to placement. Beach chairs, umbrellas, plastic furniture and/or brightly colored items will not be approved.
4.2.11 Yard Statuary and Ornamentals
Yard statuary is discouraged and must be submitted to the ACC for approval.
Statuary, as defined here, does not include reasonably sized flowerpots or containers placed at or on the front entry or steps. Other statuary, such as but not limited to urns, animals, or human figures, should be modestly sized and displayed on or at the front entry, rather than in lawn or flower bed areas. Approval of statuary requests is solely at the discretion and aesthetic judgment of the ACC.
Statuary and ornaments submitted to the ACC for review must conform to the Community Wide aesthetic standards and must be made of either wood, concrete, rock or metal; finished in traditional earth tone colors such as bronze, verdigris, black or natural-colored cement. Multi-colored or brightly-colored items will not be approved.
4.2.12 Gazebos & Arbors
Gazebos are not allowed. Arbors should be fully detailed (color samples, materials, site plan, elevations, details, etc.) and submitted for review. Site compatibility will determine approval of modification.
4.2.13 Swimming Pools & Hot Tubs
Swimming pools are not allowed. Hot tubs must fit naturally into the topography of the proposed lot and be located to provide minimal visual impact to surrounding properties and streets. Exterior hot tubs must be screened from adjacent properties and streets. All pump, filters, and equipment for spas must be located where it will not cause a nuisance to neighbors and must be screened from view.
In our experience, this is one of the most contentious issues between neighbors. As such, the ACC recommends that you talk to your neighbors before submitting any plans for approval.
Under no circumstances will above ground swimming pools be permitted in the Community.
4.2.14 Tree Removal
Any tree removal must be approved by the Architectural Control Committee or their representative. Cutting, disturbing or otherwise impacting trees on property and easement is only permitted with written permission from the Architectural Control Committee.
The Association requires that a minimum of one (1) tree be in the front yard of each lot. Ornamental trees taller than 8' in height may be used to fulfill the requirement, if approved by the Association.
Any tree removed without approval is subject to an immediate fine and the owner may be responsible to provide a replacement tree(s). The current fine amount is two-hundred and fifty dollars ($250.00) but is subject to change at any time without prior notice.
Please refer to Cherokee County, Georgia for a list of approved trees.
Placement of trees and shrubs. Trees should be located and maintained so that the mature tree canopy does not ultimately extend into the street or sidewalk rights-of-way.
Pruning and maintenance of trees. Trees should be trimmed and pruned to maintain a healthy and aesthetically pleasing appearance. Overgrown or poorly maintained trees will be flagged.
5.Use Restrictions & Rules
All Owners and Occupants of any Lot are subject to and are required to comply with the use restrictions contained in Article VII and in Article VIII of the Covenants. The Board of Directors may, from time to time, without consent of the members, promulgate, modify, or delete use restrictions and rules and regulations applicable to the Lots and the Common Property. This authority includes, but is not limited to, the right to limit the type and size and to set the maximum and minimum speeds of vehicles within the Community. The Association also has the authority to impose all other necessary traffic and parking regulations and to restrict the maximum noise levels of vehicles in the Community. Such regulations and use restrictions would be distributed to all Owners and Occupants prior to the date that they are to become effective and would thereafter be binding upon all Owners and Occupants.
5.1 Architectural Standards
All modifications to any part of the exterior of your property must be submitted for review and be approved in writing BEFORE any alteration is begun. This includes such items as tree removal, new walkways, arbors and any other landscaping ideas you may have. Even simple ideas like paint color changes must be submitted.
ACC approval does NOT obviate the homeowner from seeking approval from any jurisdiction having authority over the project and vice versa.
5.2 Use of Lots
Lots are for single family residential purposes only. No business or business activity is permitted without the prior written consent of the Association Board of Directors. Leasing of a lot is not considered a business activity, however all and any occupant of the lot are subject to the rules and regulations of the community.
5.2.1 Signs
No signs of any kind may be erected by any owner within the Community without the written permission of either the Association or the ACC except:
- Such signs as may be required by legal proceedings
- Not more than one (1) "For Sale" sign of a maximum of four (4) square feet
- The approved community-wide standard security plaque
- Yard of the Month sign in the yard for 30 days
- One small (< 1.5 sq ft) political sign in accordance with City of Woodstock and Cherokee County ordinances but not on common property
5.2.2 Vehicles
No Vehicles may be parked on any street within the Community at any time, which includes cul-de-sacs. It is further stated that no Vehicle shall be parked on the Common Property or on any portion of a Lot other than the driveway and the garage, this includes sidewalks or on the grass.
The Association recognizes that this is a significant restriction, and makes every effort to be flexible in regards to occasional violations in this regard. Since many Owners require "extra space" for parking during "special functions" such as garage sales, dinner parties, etc., the Association modified the rule, as follows:
"No Private Vehicle may be habitually parked on any street within the community — No overnight parking of any kind will be permitted."
Except for "unmarked" automobiles (including minivans) and passenger trucks which are licensed and usually operable, vehicles may not be parked so as to be visible from any Lot for periods of more than twenty-four (24) continuous hours. The term "vehicles" includes, without limitation, motor homes, boats, trailers, motorcycles, scooters, trucks, campers, buses, and automobiles (including minivans). The term "unmarked" means not having prominently displayed and visible signs or markings on the exterior surface of the vehicle such as business names or phone numbers, commercial advertising or other similar markings (but not including license plate signs and window decals naming schools, athletic teams organizations and the like).
Commercial vehicles may be parked on a street for short periods of time, but never exceeding eight (8) hours, for the purpose of loading, unloading and/or while working on site, following these guidelines:
- Only if the driveway is full or needed to render the service
- Only during normal working hours (8:00 AM to 5:00 PM)
- All trailers must remain in-tow
- Are not parked within 50 feet from a stop or yield sign
- Are not parked within an intersection
- Follow the one-side parking rule defined hereunder
Under NO circumstances may any COMMERCIAL vehicle be left on a street overnight.
Should you partake in a "garage sale" function, which requires approval in writing from the Board of Directors, part of your participation for the event requires you to comply with parking regulation which will usually stipulate on which side of the street prospective buyers may park. This will never be omitted and will never include BOTH sides. It is your responsibility to ensure that your visitors abide by this rule.
Similarly, should you have a dinner party or other function, or have commercial vehicles conducting services for you during any day, where they require more parking than you have in your driveway and need to park on the street, you may do so, following the guidelines in this section, provided: all your visitors must park only on one side of the street but should one of your neighbors already be parking in your immediate vicinity, all your guests should park on that side ONLY. No vehicle should be parked facing oncoming traffic. This will prohibit bottlenecking of roads, as is many times the case during Garage Sales, etc.
At NO time is any parking allowed WITHIN an intersection or 50 feet from a stop sign per Georgia State law.
Commercial and Recreational Vehicles. For the purpose of clarification, the Covenants and these rules and regulations shall define "commercial truck" as follows:
- Panel trucks
- Trucks with a cargo-load capacity of one ton or more
- Vehicles typically used "for hire", including, but not limited to, limousines and taxis (regardless of whether such vehicles are used "for hire" or for personal use), full-size vans (excluding vans specifically used by handicapped persons, mini-vans or sport utility vehicles used as passenger vehicles and receiving a "car" or "passenger vehicle" classification by the Georgia Department of Motor Vehicles)
- Vehicles containing visible evidence of commercial use (such as tool racks, ladders, ladder racks or tow winches); provided, however, that vehicles with empty ladder or tool racks or standard tool boxes shall not be considered a commercial truck
- Vehicles with commercial writings on their exteriors, including, but not limited to, vehicles with vinyl wrap advertising businesses, services or products. Marked law enforcement vehicles used for such purpose are specifically excluded from the definition of commercial truck.
Commercial trucks are prohibited from being parked in the Community except: (1) in garages with the garage doors closed; or (2) in the case of service vehicles, on a temporary basis during daytime business hours or during emergencies for the purpose of serving a Lot.
Boats, recreational vehicles, motor homes, trailers, motorcycles, minibikes, scooters, go-carts, golf carts, campers or mobile homes must be parked in the garage with the garage door closed; provided, however, such vehicles may be parked in the Community on a temporary basis not to exceed 24 consecutive hours. For the purpose of this provision, "temporary" shall mean no more than twice a year for a period not exceeding 24 consecutive hours.
Disabled and stored vehicles are prohibited from being parked in the Community longer than five (5) days. A vehicle shall be considered "disabled" if it does not have a current license tag or is obviously inoperable. After five (5) days, such vehicle shall be considered a nuisance and may be removed from the Community. Recreational vehicles, boats, and similar vehicles stored or kept in the Community for longer than twenty-four (24) hours shall be considered a nuisance and may be towed.
Garages are not intended for storage. Residents are encouraged to park the maximum number of permitted vehicles for which the garage is designed in the garage.
Vehicles may not be parked on any grass or landscaped areas on Lots.
If any vehicle is parked in the Community in violation of the Declaration or these rules and regulations, the Board or agent of the Association may tow the vehicle after 10 days' written notice. Such notice shall: (1) be placed on the vehicle; (2) specify the nature of the violation; (3) warn of possible towing; and (4) state the name and telephone number of a person to contact regarding the violation. If 10 days after such notice is placed on the vehicle the violation continues or thereafter occurs again within six months of such notice, the Board or agent of the Association may have the vehicle towed in accordance with the original notice and without further notice. If a vehicle is parked in a fire lane, is blocking another vehicle or access to another Owner's or Occupant's Lot or dwelling, is obstructing the flow of traffic, is illegally or improperly parked on any Common Property, or otherwise creates a hazardous condition, no notice shall be required and the vehicle may be towed immediately from or on any Lot or the Community Property.
The Association's right to tow is in addition to, and not in limitation of, all other rights of the Association, including the right to assess fines for violations of the foregoing rules and regulations and the terms of the Declaration.
Any vehicle parked in the driveway with a custom car cover shall follow all the same rules regarding length of parking. No tarps or other coverings are permitted on vehicles.
As a general rule, parking of vehicles on the street is prohibited. Temporary parking (4 hours or less) is allowed if not a nuisance to neighbors or impediment to traffic flows. Homeowners are responsible for guest parking and must ensure that guests park in a safe manner and do not impede access to other driveways and traffic.
5.2.3 Animals and Pets
No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Lot, with the exception of dogs, cats, or other usual and common household pets in reasonable number, with four (4) being the number deemed "reasonable". Specifically, chickens will not be permitted on the Lot.
No pets may be kept, bred or maintained for any commercial purpose.
Dogs which are household pets must, at all times whenever they are outside a Lot, be confined on a leash. Without prejudice to the ACC's right to remove any such household pets, no household pet that has caused damage or injury to any other party or property may be walked in the Community.
When walking your pet, it is your responsibility for cleaning up your pet's waste.
5.2.4 Unsightly or Unkempt Conditions
Lots must be maintained to community standards. Lawns must be regularly mowed and edged, beds mulched and weeded. Rear yards must be maintained as a kept backyard. Owners may not let the yard go 'wild.'
The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of the Community. If these activities are undertaken within your own garage, have no adverse effect on your neighbors, do not create odors or noise pollutants, and do not affect the condition of your property as seen from the road, then the activity would not constitute a violation of this guideline.
5.2.5 Garbage Cans, Woodpiles, Hosepipes, Recycle
All garbage cans, woodpiles, garden hoses, ladders, wheelbarrows, and/or any other similar utilitarian items, must be located or blocked from view from the street by a natural screen or a permanent structure that matches the fence material and colors, blends with the surroundings, and conceals the trash cans from the street.
Recycle bins, garbage and any garden waste may not be placed on the curbside earlier than 5:00 PM the night before collection and must be positioned off the street in such a manner that it does not create an obstruction for any oncoming traffic. Return cans to their screened location after pickup, by no later than 11:59 PM the day after pickup.
5.2.6 Garage Sales
No garage sale, carport sale, yard sale, flea market, or similar activity shall be conducted within the community without the prior written consent of the Board.
It is the current practice of the Association to provide two weekends per year for a "Community Garage Sale." On this weekend, the Board provides notice and blanket written consent for all homeowners to host a garage sale. Outside of the approved weekend, the Board generally will not provide written consent for an individual garage sale.
Appendix A: Approved Fencing
Privacy Fencing
This type of fence creates equal finishing on both sides.
- 4 x 4 Posts
- 1 x 6 Boards
- Cedar or pressure-treated wood only
- Supporting posts must not exceed the height of the fence boards
- Fence must be 72" high and installed flush to grade
- Tops of boards must be dog-eared pickets
- Fence panel design may be straight or scalloped (not down scalloped). If scalloped, the lowest point must be a minimum of 6' high.
- Exposed support posts are to be finished only with the approved style (pictured below)
- Sealant or approved stain must be applied within 6 months of installation and notification of completion provided to the management company