Book 17398 Page 1455 19pgs oa AFTER RECORDING RETURN TO: : Robert D. Burton, Esq.
Winstead, PC 401 Congress Ave., Suite 2100 Austin, Texas 78701 Email; [email protected] MILLER RANCH [SOUTH] DESIGN GUIDELINES Adopted: KB HOME Lone Star Inc, a Texas corporation af oe By: ab, Printed Name: ry THE STATE OF TEXAS § COUNTY or hewar § th is instrument “0 yO ll before me_ this ib day of August, 2015 by } it of KB HOME Lone Star Inc., a Texas corporation, on behalf of said corporation.
VERONICA A. BOSQUEZ otary Public, State of Texas My Commission Expires December 09, 2017 (SEAL) Avatar y 15 Nese Zz Lid 4 Notar oN Adopted by KB HOME Lone Star Inc,, in accordance with Declaration of Covenants, Conditions and Restrictions for Miller Ranch [South], recorded as Document No. 20150150366 , Official Public Records of Bexar County, Texas (the “Declaration”), In accordance with Section 7.04(b) of the Declaration, these Design Guidelines may be amended from time to time by the Architectural Reviewer (as defined in the Declaration), 4837-7839-0053v.2 55663-34 8/6/2015 Doc# 20150150629 TABLE OF CONTENTS INTRODUCTION, Background The Architectural Reviewer and Review Authority.
GOVERNMENTAL REQUIREMENTS INTERPRETATION..
AMENDMENTS……………………………………… ARCHITECTURAL REVIEW PROCESS Submittals Timing....
1 1 1 2 2 2 3 3 3 3 Responsibility for Compliance.
Inspection........
ARCHITECTURAL AND AESTHETIC STANDARDS..
Plan Repetition.........
Brick Color and Masonry Stone Repetition 3 3 Building Materials.
Square Footage..
Aesthetic Appeal..
Siting/Setbacks...
Temporary/Accessory Structures ........
Prohibited Elements Building Height.
Room Additions.........
Greenbelt/Open Space Lots.
Roofs and Chimneys......
Driveways and Sidewalks..
Garages Decks.....
..
Temporary/Accessory Structures ........
Prohibited Elements Building Height.
Room Additions.........
Greenbelt/Open Space Lots.
Roofs and Chimneys......
Driveways and Sidewalks..
Garages Decks.....
Arbors/Pergola/Patio Covers.
Exterior Lighting..
Exterior Decorations...
Miscellaneous.........
LANDSCAPE GUIDELINES..
Lawn Furniture, Decorations, and Garden Maintenance Equipment.
Drainage...
Fencing..
Pools, Spas and Hot Tub Plans...
Basketball Goals and Sporting Equipment..
Playscapes and Sport Courts 4837-7839-0053v.2 55663-34 8/6/2015 i 3 3 4 4 4 4 5 5 6 6 6 7 7 8 8 8 9 9 9 10 10 11 11 12 13 CONSTRUCTION REGULATIONS.
Security Construction Hours........
Noise, Animals, Children..
Material and Equipment Storage Insurance...
Site Cleanliness Sanitary Facilities.
Construction Parking.
Schedule of Fines.
REVIEW FEES ……………………………….
4837-7839-0053v.2 55663-34 8/6/2015 ii 14 14 14 14 14 14 14 15 15 15 .15 Introduction Any notice or information required to be submitted to the KB Homes Architectural Reviewer under these Design Guidelines will be submitted to the KB Homes Architectural Reviewer, c/o Cathy Teague at KB Homes, 4800 Fredericksburg Road, San Antonio, Texas 78229, Any notice or information required to be submitted to the Sivage Architectural Reviewer under these Design Guidelines will be submitted to the Sivage Architectural Reviewer, c/o Michael Sivage at Sivage Community Development, Inc,, 4902 Alameda Blvd. NE, Albuquerque, NM 87113.
Background Miller Ranch [South] is a community located in Bexar County, Texas. Lots 12 through 18, Block 12; Lots 18 through 40, Block 15; Lots 1 through 21, Block 16; Lots 2 through 17, Block 17; Miller Ranch, Unit 6B, according to the plat recorded in Document No. 20150081320 (Book 9683, Page 15) of the Official Public
gh 40, Block 15; Lots 1 through 21, Block 16; Lots 2 through 17, Block 17; Miller Ranch, Unit 6B, according to the plat recorded in Document No. 20150081320 (Book 9683, Page 15) of the Official Public Records of Bexar, Texas (collectively, the “KB Homes Property”), are subject to the terms and provisions of that certain Declaration of Covenants, Conditions and Restrictions for Miller Ranch [South], recorded as Document No._20150150366 Official Public Records of Bexar County, Texas (the “Declaration”).
KB HOMES LONE STAR, INC., a Texas corporation (the "KB Homes Declarant"), is the "Declarant" under the Declaration for the KB Homes Property.
Lots 1 through 32, Block 5; Lots 1 through 12, and Lots 25 through 44, Block 8; Lots 1 through 8, Block 9; and Lots 3 through 14, Block 2; Miller Ranch, Unit 3 & 6A, according to the plat recorded in Volume 9687, Page 16 — 18 of the Official Public Records of Bexar, Texas (the “Sivage Property”), are also subject to the terms and provisions of the Declaration. Pursuant to the Partial Assignment of Declarant's Rights and Duties Recorded concurrently herewith SIVAGE COMMUNITY DEVELOPMENT, INC., a Texas corporation, shall be assigned all of Declarant's right, title, interest, powers, privileges, benefits and obligations as Declarant under the Declaration but only as it relates to the Sivage Property, such that upon the Recording of the Assignment, Sivage Community Development Inc., a Texas corporation, shall be the Declarant under the Declaration for the Sivage Property (the "Sivage Declarant"), Capitalized terms used but not defined in these Design Guidelines shall have the meaning subscribed to such terms in the Declaration.
The Architectural Reviewer and Review Authority
ivage Declarant"), Capitalized terms used but not defined in these Design Guidelines shall have the meaning subscribed to such terms in the Declaration.
The Architectural Reviewer and Review Authority Article 7 of the Declaration includes procedures and criteria for the construction of improvements within the Miller Ranch [South] community. Section 7.01 of the Declaration provides that no Improvements may be erected, placed, constructed, painted, altered, modified or remodeled on any Lot, and no Lot ma re-subdivided or consolidated with other Lots or Property, by anyone other than Declarant, without prior written approval of the Architectural Reviewer.
The Architectural Reviewer for the KB Homes Property (the "KB Homes Architectural Reviewer") consists of members who have been appointed by the KB Homes Declarant. The KB Homes Architectural Reviewer shall have jurisdiction over architectural and design matters on the KB Homes Property only.
The Architectural Reviewer for the Sivage Property (the “Sivage Architectural Reviewer") consists of { 4837-7839-0053v.2 55663-34 8/6/2015 members who shall be appointed by the Sivage Declarant. The Sivage Architectural Reviewer shall have jurisdiction over architectural and design matters on the Sivage Property only.
As provided in Article 7 of the Declaration, the KB Homes Architectural Reviewer acts solely in KB Homes Declarant’s interest and the Sivage Architectural Reviewer acts solely in Sivage Declarant’s interest, and neither the KB Homes Architectural Reviewer nor the Sivage Architectural Reviewer shall owe any duty to any other owner or the Miller Ranch Residential Community, Inc., a Texas non-profit corporation (the “Association”).
Architectural Reviewer nor the Sivage Architectural Reviewer shall owe any duty to any other owner or the Miller Ranch Residential Community, Inc., a Texas non-profit corporation (the “Association”).
As used herein, the term "Declarant" and the term "Architectural Reviewer" shall refer to either the KB Homes Declarant or the KB Homes Architectural Reviewer or the Sivage Declarant or the Sivage Architectural Reviewer, as applicable to that portion of the Property the Lot is located and which entity has jurisdiction over the architectural or design matter on the Lot.
Governmental Requirements Governmental ordinances and regulations are applicable to all Lots within Miller Ranch [South]. It is the responsibility of each Owner to obtain all necessary permits and inspections. Compliance with these Design Guidelines is not a substitute for compliance with the applicable ordinances and regulations.
Please be advised that these Design Guidelines do not list or describe each requirement which may be applicable to a Lot within Miller Ranch [South]. Each Owner is advised to review all encumbrances affecting the use and improvement of their Lot prior to submitting plans to the Architectural Reviewer for approval. Furthermore, approval by the Architectural Reviewer should not be construed by the Owner that any Improvement complies with the terms and provisions of all encumbrances which may affect the Owner’s Lot. Certain encumbrances may benefit parties whose interests are not addressed by the Architectural Reviewer.
The Architectural Reviewer shall bear no responsibility for ensuring plans submitted to the Architectural Reviewer comply with Applicable Law.
Interpretation In the event of any conflict between these Design Guidelines or the Declaration, the Declaration shall
ensuring plans submitted to the Architectural Reviewer comply with Applicable Law.
Interpretation In the event of any conflict between these Design Guidelines or the Declaration, the Declaration shall control. Capitalized terms used but not defined in these Design Guidelines shall have the meaning subscribed to such terms in the Declaration.
Amendments Unless otherwise agreed to by the KB Homes Declarant and the Sivage Declarant, the Declarant may amend these Design Guidelines. All amendments shall become effective upon recordation in the Official Public Records of Bexar County, Texas. Amendments shall not apply retroactively so as to require modification or removal of work already approved and completed or approved and in progress. It is the responsibility of each Owner to ensure that they have the most current edition of the Design Guidelines and every amendment thereto.
4837-7839-0053v.2 55663-34 8/6/2015 Architectural Review Process Submittals Requests for approval of proposed construction, landscaping, or exterior modifications must be made by submitting an application in the form attached hereto as Attachment 1. No Improvement constructed by the Declarant is required to be approved by the Architectural Reviewer.
Timing The Architectural Reviewer will attempt to review all applications and submittals within thirty (30) days.
Please allow at least thirty (30) days prior to installation or construction for the Architectural Reviewer to review the related applications. Please be advised that in the event that any plans and specifications are submitted to the Architectural Reviewer and the Architectural Reviewer fails to either approve or reject such plans and specifications for a period of thirty (30) days following such submission, the plans and
d to the Architectural Reviewer and the Architectural Reviewer fails to either approve or reject such plans and specifications for a period of thirty (30) days following such submission, the plans and specifications will be deemed disapproved.
Responsibility for Compliance An applicant is responsible for ensuring that all of the applicant's representatives, including the applicant's architect, engineer, contractors, subcontractors, and their agents and employees, are aware of these Design Guidelines and all requirements imposed by the Architectural Reviewer as a condition of approval.
Inspection Upon completion of all approved work, the Owner must notify the Architectural Reviewer. The Architectural Reviewer may, but shall in no event be obligated, to inspect the work at any time to verify conformance with the approved submittals.
Architectural and Aesthetic Standards Pian Repetition The Architectural Reviewer 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 Lot in close proximity to the Lot on which the plan or elevation is proposed. The Architectural Reviewer may adopt additional requirements concerning substantially similar plans or elevations constructed in proximity to each other.
Brick Color and Masonry Stone Repetition The Architectural Reviewer 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. The Architectural Reviewer may adopt additional requirements concerning substantially similar brick or masonry constructed in proximity to each other.
3 483 7-7839-0053v.2 55663-34 8/6/2015
proposed. The Architectural Reviewer may adopt additional requirements concerning substantially similar brick or masonry constructed in proximity to each other.
3 483 7-7839-0053v.2 55663-34 8/6/2015 Building Materials e All allowable building materials must be approved in advance by the Architectural Reviewer, and only new building materials (except for used brick) shall be used for constructing any Improvements.
All projections from a dwelling or other structure, including but not limited to chimney flues, vents, gutters, downspouts, utility boxes, porches, railings and exterior stairways must, unless otherwise approved by the Architectural Reviewer, compliment the color of the surface from which they project.
No wood shake siding will be permitted.
No highly reflective finishes (other than glass, which may not be mirrored) shall be used on exterior surfaces (other than surfaces of hardware fixtures), including, without limitation, the exterior surfaces of any Improvements.
Square Footage Unless otherwise approved in advance and in writing by the Architectural Reviewer, the minimum living square footage for each residence, exclusive of open or screened porches, terraces, patios, decks, driveways, and garages, is one thousand two hundred (1,200) square feet.
Aesthetic Appeal The Architectural Reviewer may disapprove the construction or design of a home on purely aesthetic rounds. Any prior decisions of the Architectural Reviewer regarding matters of design or aesthetics will n considered t tablish a precedent for any future decision of the Architectural Revi r.
Siting/Setbacks The setbacks shall be set forth as noted on the recorded plat. In the event setbacks are not noted on the recorded plat, the following setbacks shall apply to each Lot: Front Lot line: 15 feet
etbacks The setbacks shall be set forth as noted on the recorded plat. In the event setbacks are not noted on the recorded plat, the following setbacks shall apply to each Lot: Front Lot line: 15 feet Rear Lot line: 20 feet (excluding Lots located on a cul-de-sac or irregularly shaped. The rear Lot line setback for such Lots shall be 15 feet) Side Lotline: 5 feet The Architectural Reviewer reserves the right to stipulate additional building or improvement setbacks attributable to any Lot. The Architectural Reviewer further reserves the right to grant variances to the setbacks set forth herein in accordance the Declaration.
4837-7839-0053v.2 55663-34 8/6/2015 Temporary/Accessory Structures Owners will generally be permitted to erect one (1) accessory structure in the rear of the yard provided any accessory structure, such as a pool cabana, green house building, or storage building is approved in advance by the Architectural Reviewer. In no event will the total square footage of any approved accessory structure be interpreted to reduce the minimum square footage requirements of the principal residential structure as set forth in these Design Guidelines.
Unless otherwise approved in advance and in writing by the Architectural Reviewer, an accessory structure: (i) must have its exterior constructed of wood or masonry and may not be consiructed of metal or plastic; (ii) the surface area of the pad on which the storage building is constructed is no more than one hundred (100) square feet; (iii) the height of the storage building, measured from the surface of the Lot, is no more than ten (10) feet; (iv) the exterior of the storage building is constructed of the same or substantially similar quality of materials and of the same color as the principal residential structure
more than ten (10) feet; (iv) the exterior of the storage building is constructed of the same or substantially similar quality of materials and of the same color as the principal residential structure constructed on the Lot; (v) the roof of the storage building is the same material and color of the principal residential structure constructed on the Lot; (vi) the paint must match the color of the principal residential structure constructed on the Lot; (vii) the shingles must be either the same as on the principal residential structure constructed on the Lot; (viii) no accessory structure may be located nearer than five feet (5’) from an interior (side) lot line or nearer than twenty feet (20’) from the interior (rear) lot line; and (ix) the structure must comply with all applicable building setbacks Temporary storage structures also known as “pods” are allowed with the prior written approval of the Architectural Reviewer provided that: e Structure is located in the driveway of the Lot; and ¢ Structure is not placed on any Lot for more than seven (7) days.
The Architectural Reviewer shall have the right to determine, in its sole and absolute discretion, whether a structure or shed on any Lot complies with the foregoing requirements relating to size, height, fence enclosure and construction materials. No accessory structure will be approved unless a principal residential structure has been constructed on the Lot or the accessory structure is being constructed at the same time as the principal residential structure. The Architectural Reviewer may adopt additional requirements for any accessory structure on a case by case basis as a condition to approval.
Prohibited Elements The following architectural elements are prohibited within Miller Ranch [South] unless expressly
nts for any accessory structure on a case by case basis as a condition to approval.
Prohibited Elements The following architectural elements are prohibited within Miller Ranch [South] unless expressly approved in writing by the Architectural Reviewer: Design Elements e White or bubble skylights.
¢ Mirrored glass.
4837-7839-0053v.2 55663-34 8/6/2015 Building Height Unless otherwise approved in advance by the Architectural Reviewer, no building or residential structure may exceed thirty-five. feet (35’) in height as measured from the top of the foundation slab of the proposed Improvement to the ridge line of the roof of the proposed Improvement. The City of San Antonio Unified Development Code regulations shall supersede in a discrepancy.
Views are neither guaranteed, preserved, nor protected within Miller Ranch [South].
Room Additions Any room additions must be approved in writing by the Architectural Reviewer.
Additions to a residence will be considered for approval by the Architectural Reviewer if they meet the following: All materials used match those of the principal residential structure, including masonry, windows, and paint color, shingles, etc.
Screened Porches will be considered on a case by case basis and must meet the following minimum acceptable standards: e¢ The porch and related improvements must be compatible with the architectural elements of the principal residential structure. Paint colors and materials must match those of the principal residential structure.
Design should reflect consideration for any adverse impact of neighboring properties.
Screened porch shall be attached to the principal residential structure.
Free standing screened porches are not permitted.
Supplemental landscaping may be required as part of the Architectural Reviewer review.
porch shall be attached to the principal residential structure.
Free standing screened porches are not permitted.
Supplemental landscaping may be required as part of the Architectural Reviewer review.
The roof of screened porch shall be solid decking shingled to match the principal residential structure.
Design should reflect a foundation design, signed and stamped by a licensed engineer, which will support the weight of the screened porch.
Greenbelt/Open Space Lots “Greenbelt/Open Space Lots” shall refer to Lots/land that has not been developed, whether it is owned by the Declarant, a Homebuilder, the Association or another Owner and is not intended for use as a single family Lot. Lots adjacent to Greenbelt/Open Space Lots must comply with all of the following requirements: 4837-7839-0053v.2 55663-34 8/6/2015 The boundary between the Lot and the Greenbelt/Open Space Lots must be fenced in a manner approved in advance by the Architectural Reviewer.
The fence must be no more than six feet (6’) in height and be a solid wood fence constructed of wood materials as approved by the Architectural Reviewer.
No gate will be permitted from a Lot into a Greenbelt/Open Space Lot.
At no time are Greenbelt/Open Space Lots to be used for automobile ingress/egress or storage.
Non-compliance with the above requirements will result in an immediate fine as outlined in the Schedule of Fines included in these Design Guidelines.
Roofs and Chimneys The pitch, color and composition of all roof materials must be approved in writing by the Architectural Reviewer. Roof vents and other penetrations shall be as unobtrusive as possible and must match the principal color of the roof unless approved in advance by the Architectural Reviewer.
e Architectural Reviewer. Roof vents and other penetrations shall be as unobtrusive as possible and must match the principal color of the roof unless approved in advance by the Architectural Reviewer.
« Accepted Roof Pitch: The roof of the primary residence erected on a Lot shall have a pitch of no less than a 5:12, unless otherwise approved in advance by the Architectural Reviewer. The roof pitch of dormers, porches and other similar accessory structures attached to the primary residence shall be exempt from this requirement, but nonetheless subject to approval by the Architectural Reviewer.
Accepted Roof Materials: roofing materials shall be a minimum of composition shingles with a rating of twenty-five (25) years or more and shall be expressly approved by the Architectural Reviewer. Metal roofing may be permitted over portions of the roof if approved in advance by the Architectural Reviewer. In addition, roofs may be constructed with “Energy Efficiency Roofing” with the advance written approval of the Architectural Reviewer. For the purpose of the Section, “Energy Efficiency Roofing” means shingles that are designed primarily to: (i) be wind and hail resistant; (ii) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (iii) provide solar generation capabilities. Any other type of roofing material shall be permitted only with the advance written approval of the Architectural Reviewer. .
Driveways and Sidewalks The design of all driveways must be approved in advance by the Architectural Reviewer.
Driveways shall not be stained or painted unless approved in advance by the Architectural Reviewer.
Circular driveways shall be prohibited.
s must be approved in advance by the Architectural Reviewer.
Driveways shall not be stained or painted unless approved in advance by the Architectural Reviewer.
Circular driveways shall be prohibited.
Each Owner of a Lot must build or cause to be built on such Owner's Lot a sidewalk, in a location designated by the Architectural Reviewer, in conjunction with and at the time of construction of the principal residential structure constructed on such Lot if required by the city. In constructing such sidewalk, each Owner shall be obligated to comply with Applicable Law, including any applicable requirements of the Americans with Disabilities Act.
7 4837-7839-0053v.2 55663-34 8/6/2015 Garages No carports shall be placed, erected, constructed, installed or maintained ona Lot.
All garages shall be approved in advance of construction by the Architectural Reviewer. The Improvements on each Lot must contain a private, enclosed garage capable at all times of housing at least two (2) standard size automobiles.
Garages may contain appropriately sized storage rooms, recreational workshops and tool rooms.
All garage doors shall remain closed at all times, save and except for the temporary opening of same in connection with the ingress and egress of vehicles and the loading or placement and unloading, or removal of other items customarily kept or stored therein, when a person is in the garage or engaged in yard work, or there is another activity occurring on the Lot which is reasonably facilitated by an open garage door.
No garage shall be converted to another use (e.g., living space).
Arbors/Pergola/Patio Covers All arbors, pergolas and patios covers shall be approved in advance of construction by the Architectural Reviewer.
Arbors and patio covers must meet the following:
space).
Arbors/Pergola/Patio Covers All arbors, pergolas and patios covers shall be approved in advance of construction by the Architectural Reviewer.
Arbors and patio covers must meet the following: Shall not exceed fifteen feet (15’) in height.
Be of cedar or a wood that is painted to match the principal residential structure constructed on the Lot (all other materials will be reviewed by the Architectural Reviewer on a case by case basis).
If roof is solid cover, the shingles must match the principal residential structure constructed on the Lot.
Lattice on the arbor will be considered by the Architectural Reviewer on a case by case basis.
Decks All decks shall be approved in advance of construction by the Architectural Reviewer.
Backyard deck additions may be of stained concrete or cedar or a wood that is painted or stained to match the principal residential structure constructed on the Lot (all other materials will be reviewed on a case by case basis by the Architectural Reviewer).
4837-7839-0053v.2 55663-34 8/6/2015 Exterior Lighting All exterior lighting must be approved in advance by the Architectural Reviewer. Exterior lighting will be kept to a minimum, but consistent with good security practices. Such illumination shall be designed and installed so as to light only the principal residential structure, landscaping, driveway areas and walkways upon a Lot.
Exterior Decorations Unless otherwise permitted by Section 2.19(f) of the Declaration, no decorative appurtenances such as sculptures, birdbaths and birdhouses, fountains, or other decorative embellishments shall be placed on the residence or on the front yard or on any other portion of a Lot which is visible from any street, unless
birdbaths and birdhouses, fountains, or other decorative embellishments shall be placed on the residence or on the front yard or on any other portion of a Lot which is visible from any street, unless such specific items have been approved in writing by the Architectural Reviewer. Customary seasonal decorations for holidays are permitted without approval by the Architectural Reviewer but shall be removed within thirty (30) days of the applicable holiday. Outside lighting fixtures shall be placed so as to illuminate only the yard of the applicable Lot and so as not to affect or reflect into surrounding residences or yards. No mercury vapor, sodium or halogen light shall be installed on any Lot which is visible from any street unless otherwise approved by the Architectural Reviewer. Christmas decorations or lights may not be displayed prior to November 15.
Miscellaneous HVAC Location and Screening No air-conditioning apparatus may be installed on the ground in front of the principal residential structure or on the roof of the principal residential structure unless screened in a manner approved by the Architectural Reviewer. No window air-conditioning apparatus or evaporative cooler shall be permitted.
Barbecue Grills Freestanding barbecue grills are permitted only if they are stored and used in the rear yard space of the Lot that is not visible from the street.
Signage The signage requirements are set forth in the applicable Declaration.
Landscape Guidelines General landscaping guidelines for each Lot are set forth below. Notwithstanding the subsequent provisions, the installation of drought-resistant landscaping or water-conserving turf on a residential lot, which is a landscaping procedure known as xeriscaping (“Xeriscaping”) will be allowed in certain
sions, the installation of drought-resistant landscaping or water-conserving turf on a residential lot, which is a landscaping procedure known as xeriscaping (“Xeriscaping”) will be allowed in certain instances in accordance with that certain Xeriscaping provision set forth in Section 3.10 of the Declaration.
All lots shall be fully sodded with a grass species/variety in accordance with the approved San Antonio Water System guidelines for residences.
4837-7839-0053v.2 55663-34 8/6/2015 Grass will be trimmed away from sidewalks, the principal residential structure, planted areas and other obstacles. It is suggested that line trimmers, mechanical edger and chemicals are employed to keep a neat, tidy appearance.
Four-inch (4") caliper trees, shrubs, and hedges 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. All shrubs and hedges must also comply with those provisions set forth under the section entitled "Fencing" in these Design Guidelines, as applicable.
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 Architectural Reviewer.
Artificial turf or landscaping can be installed in the rear yard subject to approval by the Architectural Reviewer.
Notwithstanding any requirements to the contrary, Owners shall comply with all applicable governmentally imposed water use restrictions and shall be granted appropriate relief from any specific requirement set forth in these Design Guidelines that cannot reasonably be complied with, as determined
entally imposed water use restrictions and shall be granted appropriate relief from any specific requirement set forth in these Design Guidelines that cannot reasonably be complied with, as determined by the Architectural Reviewer, as a result of such water use restrictions.
The Architectural Reviewer may, upon the Owner’s completion of the installation of landscaping, conduct an on-site inspection of the property to ensure compliance with the approved plan.
Lawn Furniture, Decorations, and Garden Maintenance Equipment Patio furniture, including swings/chairs/benches in good repair are allowed on front porches of the principal residential structure, but must be incorporated into a landscape theme if visible from other Lots.
Swings and or benches are not allowed on driveways/front lawns etc. unless specifically approved for placement by the Architectural Reviewer.
Notwithstanding exterior holiday decorations, plastic lawn decorations and artificial plants are not permitted, including pink flamingos, animals, or other plastic designs/statues; however, such decorative item are temporarily permitted for a special event, i.e. birthdays, birth announcements, etc., so long as such items are removed within seven (7) days.
Lawn mowers, edgers, wheelbarrows, etc. may not be left out in view of other Lots except when in use.
Bulk/bag material (mulch, topsoil, etc.) may not be left out in view for longer than ten (10) days.
Drainage Responsibility for proper site drainage rests with the Owner. No structure, fences, walls, or other obstructions that impede drainage shall be placed within the limits of the drainage easements shown on a Plat. No landscaping or other type of modification which alter the cross-sections of the drainage
structions that impede drainage shall be placed within the limits of the drainage easements shown on a Plat. No landscaping or other type of modification which alter the cross-sections of the drainage easements, as approved, shall be allowed without the approval of the director of public works. Each Owner is solely responsible for correcting any change in water flow or drainage caused by the construction of Improvements on such Owner's Lot.
10 4837-7839-0053v.2 55663-34 8/6/2015 Fencing Fencing of front yards is not permissible. Solid walls enclosing an entire site are not permitted. Unless otherwise approved by the Architectural Reviewer, all Lots shall have the rear yard enclosed by fencing no more than six feet (6’) in height. Fences shall be constructed of wood or other equivalent materials approved by the Architectural Reviewer. In no event are railroad ties permitted for fencing. Fence panel top and bottom caps are not required for internal lot fencing. In the event of any dispute or disagreement as to the location of a fence on a Lot, the decision of the Architectural Reviewer, in its sole and absolute discretion, will be final. In addition, unless otherwise approved in advance and in writing by the Architectural Reviewer: (a) All walls, fences, planters and hedges shall be maintained and constructed in accordance with the Declaration and these Design Guidelines. The design, type, and materials of all fences, including but not limited to ornamental fencing, must be approved by the Architectural Reviewer prior to construction pursuant to the approval requirements of Article 7 of the Declaration.
No wall, fence, planter or hedge in excess of two feet (2') in height shall be erected or maintained
viewer prior to construction pursuant to the approval requirements of Article 7 of the Declaration.
No wall, fence, planter or hedge in excess of two feet (2') in height shall be erected or maintained on a side lot line forward of point located three feet (3') back from the front exterior corners of the main residential structure located on a Lot. For the purpose of this provision, the front wall of the main residential structure excludes bay or box windows, chimney structures or any other similar appendage.
No wall, fence, or hedge in excess of six feet (6') in height shall be erected.
Perimeter fencing on all Lots shall be maintained to a fence standard equivalent to original construction and all fencing must be consistent with the Declaration and these Design Guidelines.
(e) Walls, fences, planters and hedges shall not restrict visibility at intersections.
(f} Fences of wire or chain link construction are prohibited.
(g) Fences may be stained with a transparent or semi-transparent stain in a color as approved in advance by the Architectural Reviewer.
Once any Lot that contains a model home is conveyed from either the Declarant or a Homebuilder to an Owner, the fencing on such Lot must be modified to meet the fencing restrictions of this section.
Pools, Spas and Hot Tub Plans The plans and specifications for each swimming pool, spa and hot tub constructed on a Lot must be - approved in writing and prior to construction by the Architectural Reviewer. All applications submitted to the Architectural Reviewer for the approval of plans and specifications for swimming pools, hot tubs or spas must be accompanied by the applicable city permits for the construction of same. Any applications submitted to the Architectural Reviewer, which do not include finalized construction
hot tubs or spas must be accompanied by the applicable city permits for the construction of same. Any applications submitted to the Architectural Reviewer, which do not include finalized construction permits from the applicable regulatory authority shall constitute an automatic rejection of the application.
Unless otherwise approved in advance by the Architectural Reviewer, above-ground, movable, or temporary swimming pools are prohibited. Each swimming pool constructed on a Lot must be entirely enclosed with a fence or similar structure which, at a minimum, satisfies Applicable Law. The location, Il 4837-7839-0053v.2 $5663-34 8/6/2015 color and style of the fence or enclosure must be approved in writing and in advance of construction by the Architectural Reviewer. The Architectural Reviewer may require that a swimming pool, spa and hot tub constructed on a Lot and associated Improvements be enclosed with a fence or similar structure.
Approval of a swimming pool, spa and hot tub and/or associated Improvements by the Architectural Reviewer will not constitute a determination by the Architectural Reviewer that the swimming pool, spa nd_ hot tub and/or associated Improvements comply with Applicable Law or that the swimmin ] spa_and hot tub and/or associated Improvements are safe for use. The Architectural Reviewer may require an Owner to install additional screening as a pre-condition to the approval and construction of any swimming pool, spa, or hot tub. No swimming pool, spa and hot tub shall be located in the front or side yard on any Lot. Unless otherwise approved in writing by the Architectural Reviewer, if the foundation or other vertical surface of the swimming pool will extend more than twenty-four inches (24”)
ide yard on any Lot. Unless otherwise approved in writing by the Architectural Reviewer, if the foundation or other vertical surface of the swimming pool will extend more than twenty-four inches (24”) above the final grade of the Lot, the exposed foundation or vertical surface extending more than twentyfour inches (24”) above the final grade will be finished in a manner that matches the exterior masonry of the principal residential structure. Application of the terms “front yard”, “side yard”, “foundation or other vertical surface”, and/or “final grade” as to a specific Lot will be determined by the Architectural Reviewer in its sole and absolute discretion. The Architectural Reviewer may adopt additional requirements for any swimming pool, spa and hot tub and/or associated Improvements on a case by case basis as a condition to approval.
Swimming pools shall be in-ground, or a balanced cut and fill, and shall be designed to be compatible with the site and the principal residential structure as determined in the sole and absolute discretion of the Architectural Reviewer. Unless otherwise approved in writing by the Architectural Reviewer, associated swimming pool, spa, and hot tub improvements, such as rock waterfalls and slides, shall not be over six feet (6’) in height. No pool or deck may be closer than fifteen feet (15’) from any Lot line.
Unless otherwise approved in writing by the Architectural Reviewer, all maintenance equipment, including chemicals, plumbing fixtures, heaters, pumps, etc., associated with a swimming pool, spa or hot tub may not be visible from any adjacent street or Lot. The drains serving a swimming pool, spa and hot tub must be connected to street drainage systems. No swimming pool, spa or hot tub shall be drained
may not be visible from any adjacent street or Lot. The drains serving a swimming pool, spa and hot tub must be connected to street drainage systems. No swimming pool, spa or hot tub shall be drained onto property other than the Lot on which the swimming pool, spa and hot tub is constructed. Above ground spas and hot tubs visible from public view or from an adjacent street or Lot shall be skirted, decked, screened or landscaped in a manner which excludes pumps, plumbing, heaters, filters, etc. from view. No swimming pool, spa or hot tub will be approved unless a principal residential structure has been constructed on the Lot or the swimming pool, spa or hot tub is being constructed at the same time as the principal residential structure.
- Basketball Goals and Sporting Equipment Basketball goals, or backboards, or any other similar sporting equipment of either a permanent or temporary nature shall not be placed on any Lot or street or where same would be visible from an adjoining street or Lot without the prior written consent of the Architectural Reviewer. Neither permanent nor portable basketball goals are permitted in any street right of way.
Permanent goals must meet the following criteria: e the black metal pole must be permanently mounted into the ground to the side of the driveway ina full upright position no closer than % the length of the driveway from the house to the front set-back line.
4837-7839-0053v.2 55663-34 8/6/2015 e the pole, backboard and net must be maintained in good condition at all times; e the pole may not be installed in front of the garage or facing into the street; and e the pole may not be attached to the home.
Portable goals will not be allowed unless the following criteria are met:
he pole may not be installed in front of the garage or facing into the street; and e the pole may not be attached to the home.
Portable goals will not be allowed unless the following criteria are met: * the pole, backboard and net must be maintained in good condition at all times; and e the pole must be stored in the rear of the Lot or inside the garage from sundown to sunrise.
The Architectural Reviewer shall have the authority to establish additional guidelines for the placement and design of basketball goals, backboards, or any other similar sporting equipment and the same shall be kept and maintained out of view from any street, except in accordance with any such established guidelines.
Playscapes and Sport Courts Playscapes or any similar recreational facilities may not be constructed on any Lot without the advance written approval of the Architectural Reviewer. The Architectural Reviewer may prohibit the installation of playscapes or similar recreational facilities on any Lot.
Playscapes or any similar recreational facilities must comply with all the following requirements: « Must be located where the equipment will have minimum impact on adjacent Lots and be screened from public view.
All playscapes or any similar recreational facilities equipment must be of earth tones colors, i.e., medium to dark greens, browns, and tans.
Bright primary colors will not be permitted.
The height of a playscape, measured from the surface of the Lot, may not be more than ten (10) feet.
Views of playscapes or any similar recreational facilities must be reduced from public streets and adjoining residences whenever possible.
Playscapes or any similar recreational facilities must not be located any closer to a property line than the established building setbacks.
m public streets and adjoining residences whenever possible.
Playscapes or any similar recreational facilities must not be located any closer to a property line than the established building setbacks.
Trampolines, whether portable or non-portable must be placed no closer than fifteen feet (15') to any property line.
Playscapes, playground equipment and trampolines are prohibited in the front yard.
Sport courts may not be lighted or enclosed with netting.
13 4837-7839-0053v.2 $5663-34 8/6/2015 ¢ Tennis courts are prohibited.
If approved, portable playscapes, including but not limited to, non-permanent and/or inflatable slides, moon bounces, water parks and above ground inflatable pools or kiddy pools (collectively "Portable Playscapes”) must be stored in a screened area, the rear of the Lot, or inside the garage when not in use.
In no event, shall any Portable Playscapes be visible from or in the front of any Owner's Lot for any period of time exceeding forty-eight (48) consecutive hours.
Construction Regulations The following restrictions shall apply to all construction activities at Miller Ranch [South]. Periodic inspections by a representative of the Architectural Reviewer may take place i in_order to identify nonremedied in a timely manner, — will be levied.
Security Neither the Architectural Reviewer, the Association, nor the Declarant shall be responsible for the security of job sites during construction.
Construction Hours Unless a written waiver is obtained from the Architectural Reviewer, construction may only take place during the following hours: Monday through Friday from 7:00 a.m. until 7:00 p.m., and on Saturdays and Sundays from 9:00 a.m. until 6:00 p.m.
Noise, Animals, Children
construction may only take place during the following hours: Monday through Friday from 7:00 a.m. until 7:00 p.m., and on Saturdays and Sundays from 9:00 a.m. until 6:00 p.m.
Noise, Animals, Children The use of radios, musical devices, tape and CD players must be restrained so as not to be heard on an adjoining Lot or street.
Material and Equipment Storage All construction materials and equipment shall be neatly stacked, properly covered and secured. Any storage of materials or equipment shall be the Owner’s responsibility and at their risk. Owners may not disturb, damage or trespass on other Lots or adjacent property.
Insurance The Architectural Reviewer requires an Owner to procure adequate commercial liability insurance during construction naming the Association, the Declarant and the Architectural Reviewer as additional insureds, in an amount to be determined, from time to time by the Architectural Reviewer.
Site Cleanliness During the construction period, each construction site shall be kept neat and shall be properly policed to prevent it from becoming an eyesore.
4837-7839-0053v.2 55663-34 8/6/2015 Owners shall provide a container for debris and shall clean up all trash and debris on the construction site on a daily basis. Trash and debris shall be removed from each construction site on a timely basis.
Lightweight material, packaging and other items shall be covered or weighted down to prevent wind from blowing such materials off the construction site.
The dumping, burying or burning of trash is not permitted anywhere in Miller Ranch [South].
It is imperative that, when moving heavy equipment around, precautions be taken to prevent damage to pavement, curbs, and vegetation. Crawler tractors are not to be operated on paved or concrete surfaces,
s imperative that, when moving heavy equipment around, precautions be taken to prevent damage to pavement, curbs, and vegetation. Crawler tractors are not to be operated on paved or concrete surfaces, Mud, dirt and other construction debris that is tracked off site shall be cleaned on a daily basis.
Sanitary Facilities A temporary sanitary facility (chemical toilet) shall be provided and maintained for the use of construction workers.
Construction Parking Construction crews shall not park on, or otherwise use, other Lots. No construction vehicle will be permitted to leak oil or otherwise damage or deface any street located within the community.
Schedule of Fines Periodic inspections by a representative of the Architectural Reviewer may take place in order to identify non-complying construction activities. The Architectural Reviewer may adopt a schedule of fines.
Review Fees New residential home construction within Miller Ranch [South] will utilize the process described in this section. No Improvements may be commenced until the Owner has received a written “Approval” from the Architectural Reviewer. The Architectural Reviewer may adopt a schedule of fees for plan review.
4837-7839-0053v.2 55663-34 8/6/2015 Doc# 20150150629 # Pages 19 08/12/2015 11:41AM e-Filed & e-Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Fees $94.00 STATE OF TEXAS COUNTY OF BEXAR This is to Certify that this document was e-FILED and e-RECORDED in the Official Public Records of Bexar County, Texas on this date and time stamped thereon.
08/12/2015 11:41AM COUNTY CLERK, BEXAR COUNTY TEXAS