Doc-16014656 Bk-VI-Pg-62 ATTACHMENT 1 DESIGN GUIDELINES 1.01 Any Improvement shall comply with the following Design Guidelines, unless otherwise amended, modified or supplemented as provided in the Declaration. Upon expiration or termination of the Development Period, the ACC shall have the power, from time to time, to amend, modify, or supplement the Design Guidelines. In the event of any conflict between these Design Guidelines and the Declaration, the terms and provisions of the Declaration shall control. Capitalized terms used in these Design Guidelines and not otherwise defined herein shall have the same meaning as set forth in the Declaration. In addition, the ACC shall have the power and authority to impose a fee for the review of plans, specifications and other documents and information submitted to it pursuant to the Design Guidelines or the Declaration. Such charges shall be held by and used to defray the administrative expenses incurred by the ACC in performing its duties hereunder; provided, however, that any excess funds held by the ACC shall be distributed to the Association at the end of each calendar year.
The ACC shall not be required to review any plans until a complete submittal package, as required by the Design Guidelines, is assembled and submitted to the ACC. The plan review process for new construction involves two (2) steps: (a) Architectural Plan Review. For each architectural plan type that a Homebuilder proposes to construct on a Lot or Lots within the Property, the Homebuilder shall submit the following to the ACC for review: (i) a completed and signed application in the form attached hereto as the "New Construction Plan Submittal Form;" (ii) building plan name, plan reference number(s) and square footage;
ACC for review: (i) a completed and signed application in the form attached hereto as the "New Construction Plan Submittal Form;" (ii) building plan name, plan reference number(s) and square footage; (iii) elevations of all sides of the Home (defined below), including construction specifications/description of materials and masomy wrap dimensions; (iv) roof pitch, materials and roof peak height; (v) blue line prints including floor plans, at 1/8" = 1'-0" scale, and all elevations, including any standard floor plan options, such as optional game room versus standard bedroom, with square footage of plan options; (vi) one (1) binder, with color photos, or brick/masomy samples or sample books provided by material suppliers (if requested by the ACC); (vii) any other information or documentation deemed necessary by the ACC; and -14851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-63 (viii) payment of the applicable application fee, as established by the ACC.
(b) Plot Plan Review. After architectural plans have been approved by the ACC, the Homebuilder shall submit the following for each Home the Homebuilder proposes to construct on a Lot within the Property: (i) a completed and signed application in the form attached hereto as the "Plot Plan Submittal Form;" building information clearly indicated: building plan name; plan reference number(s); square footage indicated within the building footprint; location of the Home on the Lot with dimensions to all property lines; driveway, entry walks, and sidewalk locations and widths; street sidewalks, if required by plat; location and type of all fencing; and (iii) payment of the applicable application fee, as established by the ACC.
entry walks, and sidewalk locations and widths; street sidewalks, if required by plat; location and type of all fencing; and (iii) payment of the applicable application fee, as established by the ACC.
1.02 Prohibition of Construction, Alteration and Improvement. No Improvement, or any addition, alteration, installation, modification, redecoration, or reconstruction thereof shall occur unless approved in advance by the ACC. The ACC has the right but not the duty to evaluate every aspect of construction, landscaping, and property use that may adversely affect the general value or appearance of the Property. Without limitation of the foregoing, all home plans to be constructed by any Owner or Homebuilder shall be approved in advance by the ACC. However, notwithstanding the foregoing, each Owner will have the right to modify, alter, repair, decorate, redecorate, or improve the interior of an Improvement, provided that such action is not visible from any other portion of the Property. Any Owner or Homebuilder desiring to construct modifications, alterations, repairs, decorations, redecorations or improvements to the exterior of a Home or other Improvement on a Lot within the Property shall first submit the following to the ACC: (a) a completed and signed application in the form attached hereto as the "Architectural Modification Submittal Form;" (b) a scaled drawing showing plan and elevation views of the proposed improvements, modifications or alterations; and (c) a Lot survey (which the Owner receives at closing) indicating the location of proposed improvements, and any applicable easements, setbacks, and elevation differences on Lot, and dimensions to all adjacent property lines; 1.03 Plan Repetition. The ACC may, in its sole and absolute discretion, deny a plan
any applicable easements, setbacks, and elevation differences on Lot, and dimensions to all adjacent property lines; 1.03 Plan Repetition. The ACC may, in its sole and absolute discretion, deny a plan or elevation proposed for a particular Lot if a substantially similar plan or elevation exists on a -24851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-64 Lot in close proximity to the Lot on which the plan or elevation is proposed. An elevation may be repeated every third Lot. The same elevation may not be placed on a Lot across the street or diagonal from any other elevation.
1.04 Brick Color and Masom.y Stone Repetition. The ACC may, in its sole and absolute discretion, deny proposed brick or masonry for a particular Lot if substantially similar brick or masonry exists on a Lot in close proximity to the Lot on which the brick or masonry is proposed. Similar brick or masonry may be repeated every third Lot. The same brick or masonry may not be placed on a Lot across the street or diagonal from any other brick or masonry.
1.05 Residential Use. The Property is intended to be used for single-family detached residential purposes only. As a result, the term "Lot" or "Lots," as used herein, means any portion of the Property designated by Declarant in a Recorded written instrument or as shown as a subdivided lot on a Plat other than a Common Area.
1.06 Single Family Use. Each Home shall be limited to occupancy by only one family consisting of persons related by blood, adoption or marriage or no more than two unrelated persons residing together as a single housekeeping unit, in addition to any household or personal servant staff. The term "Home", as used in these Design Guidelines, means a single
than two unrelated persons residing together as a single housekeeping unit, in addition to any household or personal servant staff. The term "Home", as used in these Design Guidelines, means a single family residential unit constructed on a Lot within the Property, including the parking garage utilized in connection therewith and the Lot upon which the Home is located.
1.07 Garages. Each Home shall have an enclosed garage suitable for parking a minimum of two (2) standard size automobiles, which garage shall conform in design and materials with the main structure.
1.08 Restriction on Subdividing. No Lot may be subdivided into two (2) or more Lots without the prior written approval of the ACC.
1.09 Driveways. All driveways shall be surfaced with broom finish concrete or a similar substance approved by the ACC. Driveway approach, sidewalks and patios can be standard broom finish.
1.10 Burglar Bars. No bars or obstructions intended for use as burglar bars or sold as devices intended to prohibit forced entry into a Home may be placed on the exterior of a Home, including but not limited to windows and doors.
1.11 Uses Specifically Prohibited.
(a) No temporary dwelling shop, trailer or mobile home of any kind or any improvement of a temporary character (except children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment which shall be placed on a Lot only in places which are not visible from any street on which the Lot fronts) shall be permitted on any Lot except that the Homebuilder or contractor may -34851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-65 have, with the prior written consent of the ACC, temporary Improvements (such as a
y Lot except that the Homebuilder or contractor may -34851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-65 have, with the prior written consent of the ACC, temporary Improvements (such as a sales office and/or construction trailer) on a specifically permitted Lot. Declarant may have construction or sales trailers or other temporary structures as Declarant determines to be necessary or convenient for Declarant's activities. No building material of any I kind or character shall be placed or stored within the Property until construction is ready to commence, and then such material shall be placed totally within the property lines of the Lot upon which the Improvements are to be erected.
(b) No boat, marine craft, hovercraft, aircraft, recreational vehicle, pick-up camper, travel trailer, motor home, camper body or similar vehicle or equipment shall be parked for storage in the driveway or front yard of any Lot or parked on any public street within the Property, nor shall any such vehicle or equipment be parked for storage in the side or rear yard of any Lot unless properly concealed from public view. No such vehicle or equipment shall be used as a residence or office, temporarily or permanently.
This restriction shall not apply to any vehicle, machinery or equipment temporarily parked while in use for the construction, maintenance or repair of a Home within the Property.
(c) Trucks with tonnage in excess of one and one-half (1.5) tons, and any commercial vehicle with painted advertisement, shall not be permitted to park overnight within the Property, except those used by Declarant or a Homebuilder during the construction of Improvements.
(d) No vehicle of any size which transports flammable or explosive cargo
to park overnight within the Property, except those used by Declarant or a Homebuilder during the construction of Improvements.
(d) No vehicle of any size which transports flammable or explosive cargo shall be parked or stored within the Property at any time.
(e) No motorized vehicle or similar equipment shall be parked or stored in an area visible from any street, except passenger automobiles, passenger vans, motorcycles, and pick-up trucks (including those with attached bed campers) that are in operating condition and have current license plates and inspection stickers and are in current use.
(f) No Improvement of a temporary character, such as a trailer, tent, shack, bam, underground tank or structure or other outbuilding shall be used within the Property at any time as a residence; provided, however, that Declarant or a Homebuilder may maintain and occupy model Homes, sales offices and construction trailers in connection with sale and construction, but not as a residence.
(g) No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted within the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted within the Property. No derrick or other structure designed for use in quarrying or boring for oil, natural gas or other minerals shall be erected, maintained or permitted within the Property.
-44851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-66 (h) No animals, livestock or poultry of any kind shall be raised, bred or kept within the Property, except that dogs, cats or other qualified animals may be kept as household pets. Animals are not to be raised, bred or kept for commercial purposes or
hall be raised, bred or kept within the Property, except that dogs, cats or other qualified animals may be kept as household pets. Animals are not to be raised, bred or kept for commercial purposes or for food. It is the purpose of this provision to restrict the use of the Property so that no person shall quarter within the Property cows, horses, bees, hogs, sheep, goats, guinea fowls, ducks, chickens, turkeys, skunks, reptiles, exotic animals or any other animals that shall interfere with the peace and quiet and health and safety of the Property or the Owners. No more than four (4) pets will be permitted on each Lot. Pets shall be restrained or confined to the Owner's rear yard within a secure fenced area or within the Home. It is the Owner's responsibility to keep his Lot clean and free of pet debris or odor noxious to adjoining Lots. All animals shall be properly registered and tagged for identification in accordance with Applicable Law.
(i) No Lot or other area within the Property shall be used as a dumping ground for rubbish or accumulation of unsightly materials of any kind, including without limitation, broken or rusty equipment, disassembled or inoperative cars and discarded appliances and furniture. Trash, garbage or other waste shall be kept in sanitary containers stored out of public view, except on designated trash collection days.
All containers for the storage or other disposal of such material shall be kept in clean and sanitary condition. Materials incident to construction of hnprovements shall only be stored on Lots during construction of Improvements thereon.
G) No individual water supply system shall be permitted on any Lot.
(k) No individual sewage disposal system shall be permitted on any Lot.
stored on Lots during construction of Improvements thereon.
G) No individual water supply system shall be permitted on any Lot.
(k) No individual sewage disposal system shall be permitted on any Lot.
(1) No garage, garage house or other outbuilding (except for sales offices and construction trailers operated by Declarant or a Homebuilder) shall be occupied by any Owner, Resident or other person prior to the completion of a Home.
(m) No air-conditioning apparatus shall be installed on the ground in front of a Home. No air-conditioning apparatus shall be attached to any front wall or any window of a Home. No evaporative cooler shall be installed on the front wall or any window of a Home.
(n) Except as expressly provided below, no exterior radio or television antennae or aerial or satellite dish or disc, shall be erected, maintained or placed on a Lot without the prior written approval of the ACC; provided, however, that Permitted Antennas will be permitted subject to reasonable requirements as to location and screening as shall be set forth in rules adopted by the ACC, consistent with Applicable Law, in order to minimize obtrusiveness as viewed from streets and adjacent property.
A Permitted Antenna shall be installed solely on the Owner's Lot and shall not encroach upon any street, Common Area, or any other portion of the Property. A Permitted Antenna shall be installed in a location on the Lot from which an acceptable quality -54851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-67 signal can be obtained and where least visible from the street and the Property, other than the Lot. In order of preference, the locations of a Permitted Antenna which will be considered least visible by the ACC are as follows: (i) attached to the back of the Home
nd the Property, other than the Lot. In order of preference, the locations of a Permitted Antenna which will be considered least visible by the ACC are as follows: (i) attached to the back of the Home constructed on the Lot, with no part of the Permitted Antenna any higher than the lowest point of the roofline and screened from view of adjacent Lots and the street; then (ii) attached to the side of the Home construCted on the Lot, with no part of the Permitted Antenna any higher than the lowest point of the roofline and screened from view of adjacent Lots and the street. The ACC shall, from time to time, modify, amend, or supplement the rules regarding installation and placement of Permitted Antennas.
(o) No Lot or any Improvement located thereon shall be used for a business, professional, commercial or manufacturing purpose of any kind for any leri.gth of time.
No business activity shall be conducted within the Property which is not consistent with single family residential use. No noxious or offensive activity shall be undertaken within the Property, nor shall anything be done which is or shall become an annoyance or nuisance to the Property or its Owners. Nothing in this subparagraph shall prohibit Declarant's or a Homebuilder's temporary use of a Home as a sales/construction office for as long as, in the case of a Homebuilder, such Homebuilder is actively engaged in construction within the Property. Nothing in this subparagraph shall prohibit an Owner's use of a Home for quiet, inoffensive home-based business activities such as tutoring or giving art lessons or music lessons; as long as such activities do not materially increase the number of cars parked on the adjacent street or interfere with adjoining Owners' peaceful use and enjoyment of their Homes and Lots.
lessons; as long as such activities do not materially increase the number of cars parked on the adjacent street or interfere with adjoining Owners' peaceful use and enjoyment of their Homes and Lots.
(p) No fence, wall, hedge or shrub planting which obstructs sight lines at an elevation between three feet (3') and six feet ( 6') above a roadway shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street right-of-way lines, or in the case of a rounded property corner, from the intersection of the street right-of-way lines as extended. The same sight-line limitations shall apply on any Lot within an area that is ten feet (10') from the intersection of a street right-of-way line with the edge of a private driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at a minimum height of six feet (6') above finished grade.
( q) Except for children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment, no building previously constructed elsewhere shall be moved onto any Lot, it being the intention that only new construction be placed and erected within the Property. All detached structures constructed or erected within the Property must be constructed of materials similar to the Home on the Lot and approved by the ACC prior to construction.
(r) Within those easements on each Lot as designated on any Plat, no Improvement shall be placed or permitted to remain which might damage or interfere with the installation, operation and maintenance of public utilities, or which might alter -64851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-68
d to remain which might damage or interfere with the installation, operation and maintenance of public utilities, or which might alter -64851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-68 the direction of flow within drainage channels or which might obstruct or retard the flow of water through drainage channels. The general grading, slope and drainage plan of a Lot as established by the Declarant's approved development plans shall not be altered without the approval of Declarant and the appropriate governmental authorities with jurisdiction over the Property.
(s) No sign of any kind may be displayed to the public view on any Lot without the prior written approval of the ACC, except for: (i) signs erected by Declarant or erected with the advance written consent of Declarant; (ii) one (1) small security service sign per Lot, provided that the sign has a maximum face area of two (2) square feet and is located no more than five feet (5') from the front elevation of the Home constructed upon the Lot; (iii) permits as may be required by Applicable Law; (iv) a religious item on the entry door or door frame of a Home (which may not extend beyond the outer edge of the door frame), provided that the size of the item(s), individually or in combination with other religious items on the entry door or door frame of the Home, does not exceed twenty-five (25) square inches; (v) one (1) temporary "For Sale" or "For Lease" sign per Lot, provided that the sign will be limited to: (A) a maximum face area of five (5) square feet on each visible side and, if free standing, is mounted on a single or frame post; (B) an overall height of the sign from finished grade at the spot where the sign is located may not exceed four (4) feet; and (C)
ible side and, if free standing, is mounted on a single or frame post; (B) an overall height of the sign from finished grade at the spot where the sign is located may not exceed four (4) feet; and (C) the sign shall be removed within two (2) business days following the sale or lease of the Lot; (vi) political signs, subject to limits provided in the Declaration; and (vii) a "no soliciting" sign near or on the front door to the Home constructed upon the Lot, provided, that the sign may not exceed twenty-five (25) square inches. Except for signs which are erected by Declarant or erected with the advance written consent of Declarant, no sign may be displayed in the window of any Improvement located on a Lot.
(t) Outdoor clothes lines and drying racks visible to adjacent Lots are prohibited. Owners or Residents of Lots containing a rear yard that is not screened by solid fencing or other such enclosures shall construct a drying yard or other suitable enclosure or screening to shield from public view clothes drying racks, yard maintenance equipment and/or storage of materials.
(u) Except within fireplaces in a Home and equipment for outdoor cooking, no burning of anything shall be permitted anywhere within the Property. Fire pits are acceptable, but not for the burning of trash or debris and all burning must comply with local bum bans.
(v) Patio covers are not allowed, except as approved and permitted as part of the original construction of a Home.
(w) Carports of any kind are not allowed.
-74851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-69 (x) No basketball goals or similar athletic devices, whether permanent or temporary, shall be permitted on or in any street.
(y) No aluminum foil, reflective film, newspaper or similar treatment shall be
No basketball goals or similar athletic devices, whether permanent or temporary, shall be permitted on or in any street.
(y) No aluminum foil, reflective film, newspaper or similar treatment shall be placed on any windows or glass doors.
1.12 Minimum Floor Area. The total air-conditioned living area of each Home, as measured to the outside of exterior walls (but exclusive of open porches, garages, patios and detached accessory buildings), shall be as follows: Lot Width (Approx.) Minimum SQuare Maximum SQuare Footage Footage 55' 1,400 square feet N/A 65' 1,600 square feet N/A 80' 2,500 square feet N/A 1.13 Masonry ReQuirements. The following masonry requirements shall apply to all Homes.
Lot Type Minimum Masonry Percentage (All Exterior Elevations} Marketing Window Lots* 100% Remaining Lots 75% First Floor, 100% Front and within 5' of Front of Homes, 70% Overall *Marketing Window Lots shall be Lots that back up to or have a side yard adjacent to; (i) the commercial tracts along Old Stagecoach Road, (ii) Association property, or (iii) any street within the boundary of the Association.
Masonry is defined to include native stone, clay brick, stucco, cementitious siding, or a combination thereof, with all masonry selections to be approved by the ACC, and native stone being preferred over other types of masonry. Any Home constructed to include stucco shall nonetheless have a minimum of thirty percent (30%) native stone on the front elevation. The masonry requirements set forth herein shall be exclusive of those portions of a Home that are not supported by masonry below. Any portions of the elevations that are not masonry shall use fiber cement "lap siding or board & batten or shake shingles." Masonite sheet or other sheet
Home that are not supported by masonry below. Any portions of the elevations that are not masonry shall use fiber cement "lap siding or board & batten or shake shingles." Masonite sheet or other sheet siding, or wood siding is not allowed. Where siding is the primary masonry element, a minimum of 30%. of the front shall be brick or natural stone and wrap the comers, extending to the fence.
-84851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-70 1.14 Foundation Exposure. Maximum vertical foundation exposure is twenty four inches (24") for the front elevation. There are no requirements for the side and rear elevations of each Home.
1.15 Setback Requirements. No Home shall be located on any Lot nearer to the front lot line or nearer to the side lot line than the minimum setback lines shown on the Plat or as required by the City.
1.16 Waiver Of Setback Requirements. With the written approval of the ACC and subject to plat and zoning restrictions, any building shall be located further back from the front property line of a Lot than provided above, where, in the sole discretion of the ACC, the proposed location of the building will enhance the value and appearance of the Lot and will not negatively impact the appearance of adjoining Lots.
1.17 Fences. All interior fences shall be constructed of 1"x4" cedar pickets with wooden posts. The front returns on all Lots and the side fences constructed on comer Lots (i.e., any fences visible from the street) shall be capped. The ACC, in its sole discretion and upon request by the Owner thereof, may allow fences along the rear of a Lot adjacent to open space to be constructed of wrought iron. No fence or wall on any Lot shall extend nearer to any street
and upon request by the Owner thereof, may allow fences along the rear of a Lot adjacent to open space to be constructed of wrought iron. No fence or wall on any Lot shall extend nearer to any street than 4' behind the front of the Home thereon. Except as otherwise specifically approved by the ACC, all streetside side yard fencing on comer Lots shall be set no closer to the abutting side street than the property line of such Lot. All fences shall be 6' in height. Any fence or portion thereof that faces a public street shall be constructed so that all structural members and, unless the ACC determines otherwise, support posts will be on the side of the fence away from the street and are not visible from any public right-of-way.
1.18 Sidewalks. All walkways along public right-of-ways shall conform to the minimum property standards of the City, the Federal Housing Administration (FHA) and the U.S. Department of Veterans Affairs (VA).
1.19 Windows. Windows, jambs and mullions, if any, shall be composed of vinyl or wood. All front elevation windows shall have baked-on painted vinyl windows (no mill finish).
1.20 Seasonal Lighting. Seasonal lighting, such as Christmas lights, shall be permitted beginning on Thanksgiving Day of each year, and provided further that such lights shall be removed by January 15 of the following year.
1.21 Landscaping Requirements. Each Lot shall be landscaped, at a minimum, with: (i) fully sodded front and side yards (in front of fences), with backyards to be fully sodded by the Owner within thirty (30) days after acquiring occupancy of the Lot for residential purposes, (ii) the following number of hardwood shade trees: one (1) per Lot on all Lots other than comer
dded by the Owner within thirty (30) days after acquiring occupancy of the Lot for residential purposes, (ii) the following number of hardwood shade trees: one (1) per Lot on all Lots other than comer Lots and two (2) per comer Lot (with one (1) in the front portion of the Lot, and one (1) in the side of the Lot adjacent to the street), and (iii) ten shrubs sized five gallons or more. All trees and shrubs should be selected from the City of Austin Native Grow Green database. The hardwood shade trees required by this Section shall be no smaller in size than 3" caliper, -94851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-71 measured twelve (12) inches from the base. Existing trees on a Lot that remain after home construction shall count towards the requirements of this Section. All Owners (other than Homebuilders) are required to landscape front yards, side yards, and adjacent to building foundations within thirty (30) days after acquiring their Lot. Trees, shrubs, ground covers, seasonal color and sodded grass shall be used in these areas to achieve the landscape intent according to the approved plans. After installation, landscaping (including temporary landscaping) shall be properly maintained at all times. Any Owner who wishes to plant one or more gardens upon their Lot must obtain the approval of the ACC of any such garden and must follow applicable requirements as to size of the Lot, visibility of the Lot from other Lots, streets or Common Areas, and such other matters as the ACC may specify in any written approval.
(a) Masomy retaining walls must be approved in advance by the ACC.
(b) Ground cover is defined as a planting of low plants (such as ivy) that covers the ground in place of turf. (Rock or stone are not acceptable for use as a ground
be approved in advance by the ACC.
(b) Ground cover is defined as a planting of low plants (such as ivy) that covers the ground in place of turf. (Rock or stone are not acceptable for use as a ground cover other than in flowerbeds or walkway areas).
(c) The use of rock or crushed rock as a ground cover shall not be permitted except in flower beds and courtyards.
(d) Landscape plans must include vegetative screening for above ground utility connections visible from the street or adjacent properties.
(e) Bermuda and Buffalo grass should be maintained at the height of no more than two to two and one-half inches. Mowing heights may need to be altered to prevent scalping in the event of an uneven grade. St. Augustine grass is prohibited.
(f) Grass will be trimmed away from sidewalks, building, planted areas and other obstacles. It is suggested that line trimmers, mechanical edger and chemicals are employed to keep a neat, tidy appearance.
(g) Trees and shrubs should be pruned to avoid blocking clear view of signs, address marker, illumination by light fixtures, the flow of air vents and air conditioner compressors as well as pedestrian and vehicular traffic.
(h) The ACC reserves the right to require additional landscaping for pools, cabanas and other hardscape elements that may be constructed after completion of the principal residential structure and associated landscaping.
(i) Hardscape elements in the landscaping must be in scale with the principal residential structure and associated structures. Sculptures and fountains are subject to approval by the ACC.
Q) Notwithstanding any requirements of this Section 1.21 to the contrary, Owners shall comply with all applicable governmentally imposed water use restrictions -104851-8139-0124v.ll 43586-22 5/5/2016
) Notwithstanding any requirements of this Section 1.21 to the contrary, Owners shall comply with all applicable governmentally imposed water use restrictions -104851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-72 and shall be granted appropriate relief from any specific requirement set forth herein that cannot reasonably be complied with, as determined by the ACC, as a result of such water use restrictions, (k) Notwithstanding any requirements of this Section 1.21 to the contrary, Owners interested in replacing a standard sod lawn by xeriscaping with native groundcovers, plants, or mulch may seek to do so by submitting a landscape plan to the ACC before removing any sod installing any plant material. All plans will be reviewed on a case-by-case basis and must conform to the following xeriscaping guidelines for the community: (i) large areas may not be composed of a single materiaL i.e. bare mulch/rock is not allowed unless interspersed with plants; (ii) variances for xeriscaping may be allowed as long as 50% of the front yard area is turfed and all other guidelines are met; (iii) non-turf planted areas must be bordered to define the xeriscaped area clearly from turfed areas; (iv) xeriscaped areas must be kept maintained at all times (plants trimmed and thinned, weeded, and borders edged) to ensure a reasonably attractive appearance; (v) no boulders or large rocks exceeding 12" in height may be used on the narrow strips between public sidewalks and the street curb; (vi) no plants may encroach onto or over public sidewalks; and (vii) no plant with thorns, spines, or sharp edges can be used within 6' of the public sidewalks.
Owners are encouraged to consider converting the sidewalk strip areas (between
r public sidewalks; and (vii) no plant with thorns, spines, or sharp edges can be used within 6' of the public sidewalks.
Owners are encouraged to consider converting the sidewalk strip areas (between sidewalk and curb) from turf grasses to xeriscaped areas as these areas are difficult to water. This area may be composed of a combination of river rock, crushed granite, and include native plantings.
1.22 Roof Composition. The roof pitch of any roof must be a minimum of 6/12 for the main structure of the roof, or as appropriate to the architectural style and as approved by the ACC. Roof material shall be non-reflective standing seam metal, terra cotta tiles, concrete tiles, slate or twenty (20) year warranty (or greater) composite shingles. All roof materials shall be a muted earth tone color as approved by the ACC and all composite shingles shall be "Weatherwood" in color. Roof vents and other penetrations shall be as unobtrusive as possible and must be painted to match the principal color of the roof unless approved in advance by the ACC, and shall in no event be visible from the street. The pitch, color and composition of all -114851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-73 roof materials must be approved in writing by the ACC. Energy Efficient Roofing shall be submitted for approval by the ACC and addressed as provided in the Declaration.
-124851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-74 NEW CONSTRUCTION PLAN SUBMITTAL FORM Builder/Applicant Name:------------------------- Builder/Applicant Address:------------------------- Builder/Applicant Phone No.:------------------------REQUEST FOR APPROVAL OF:
Builder/Applicant Name:------------------------- Builder/Applicant Address:------------------------- Builder/Applicant Phone No.:------------------------REQUEST FOR APPROVAL OF: D NEW CONSTRUCTION PLAN(S) (2 copies must be submitted) Plan Series Name (if applicable):--------------------0 PRODUCT SPECIFICATIONS/DESCRIPTION OF MATERIALS SUBMITTED D OPTIONS- PLAN SPECIFIC (must include square footage for each option) PLAN NO.
2),~-OPTIONS Bm!L/D/S MASONRY% SO.FT. LIVING BASE PRICE I, (Applicant), certify to the best of my knowledge that the above answers are correct and understand that the above are not all inclusive conditions and restrictions concerning Cypress Forest.
Applicant Signature:------------------Note: Plans and specifications submitted for review are not being reviewed for structural integrity; compliance with zoning and building ordinances or any other applicable statutes, ordinances or governmental rules or regulations, compliance with the requirements of any public utility, easement or other agreements, or preservation of any view.
Comments: -----------------------------------APPROVED: Architectural Control Committee -134851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-75 PLOT PLAN SUBMITTAL FORM Plot Plan Attached: (Please Circle) Yes I No Chimney: Yes/No Please Check: Masonry Fibre Cement
Plot Plan Attached: (Please Circle) Yes I No Chimney: Yes/No Please Check: Masonry Fibre Cement Does the home meet the special circumstances? (Please Circle) Yes/No • Comerlots • Lot backs to or abuts a collector street.
Fencing Type: (Please check) ( )Cedar Privacy Fence ( )Iron/Metal Fence ( )Combination fence (Cedar Privacy on sides, Iron/Metal on front, back) Fill in the information below if different from color above.
Front Retaining Wall: (Please Circle) Yes/No Deck: Yes I No Patio: square feet Approved: -144851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-76 ARCHITECTURAL MODIFCATION SUBMITTAL FORM Please list the modifications to the dwelling and/or addition of accessory structure(s) for which you are requesting approval: The following items must accompany this request: • Sketch showing plan and elevation views of proposed improvements. The sketch should provide
ssory structure(s) for which you are requesting approval: The following items must accompany this request: • Sketch showing plan and elevation views of proposed improvements. The sketch should provide a description of materials to be used. Color samples may be requested.
• Site plan (based on the survey you received at closing) indicating location of proposed improvements and dimensions to adjacent property lines.
• Any addendum specific to the modification, i.e. pools.
The Architectural Control Committee (ACC) may request that you provide additional information before acting upon your request. The application is not complete until all information requested has been received. All modifications must comply with applicable deed restrictions and design guidelines. Please allow at least ten (10) working days to receive determinations back from the ACC. Please call the Manager at (512) 327-2777 if you have any submittal questions.
I acknowledge receipt of the Design Guidelines. I have read the guidelines and agree to abide with them in regard to the modification/addition as proposed. I acknowledge that pool and additional improvements require a $2,500 refundable construction deposit. I will submit the $200 non refundable application review fee and the construction deposit (if required) along with this application.
Owner Name (Print) Signature of Owner -154851-8139-0124v.ll 43586-22 5/5/2016 Doc-16014656 Bk-VI-Pg-0 Hays County Texas Liz Q. Gonzalez Document Number: 2016-16014656 Recorded As : ELECTRONIC RECORDING Recorded On: Recorded At: Number of Pages: May 09,2016 01:13:25 pm 77 Recording Fee: Parties: Receipt Number: Processed By: $326.00 Direct-FELDER CND LLC Indirect428407 Barbara Rodriguez
C RECORDING Recorded On: Recorded At: Number of Pages: May 09,2016 01:13:25 pm 77 Recording Fee: Parties: Receipt Number: Processed By: $326.00 Direct-FELDER CND LLC Indirect428407 Barbara Rodriguez Any provlal011 herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid •nd unenforceable under federal law.
lllllf!U''' I ht:n: by certify that this instrument was filed lor record in my ollice on tht: date and Lime !ltlrnped hereon and was re(;on.led on the volume and page of tilt named records ofHavsCountv. Texas Liz Q. Gonzalez, County Clerk