RP-2020-458979 AMENDED AND RESTATED GUIDELINES RELATING TO RAIN BARRELS AND RAIN HARVESTING SYSTEMS, SOLAR ENERGY DEVICES, STORM AND ENERGY EFFICIENT SHINGLES, FLAGS, RELIGIOUS ITEMS, DROUGHT-RESISTANT LANDSCAPING AND WATERCONSERVING NATURAL TURF, AND STANDBY ELECTRIC GENERATORS for WILCHESTER OWNERS COMMITTEE THE STATE OF TEXAS § § COUNTY OF HARRIS § lL Jennifer Mock , President of Wilchester Owners Committee (the “ Association”), do hereby certify that in the open session of a properly noticed meeting of the Board of Trustees of the Association (the “Board”) duly called and held on the 25th day of August, 2020, with at least a quorum of the Board being present and remaining throughout, and being duly authorized to transact business, the following Amended and Restated Guidelines Relating to Rain Barrels and Rain Harvesting Systems, Solar Energy Devices, Storm and Energy Efficient Shingles, Flags, Religious Items, Drought-Resistant Landscaping and Water-Conserving Natural Turf, and Standby Electric Generators (the “Guidelines”) were duly approved by at least a majority vote of the members of the Board. In addition, as evidenced by their signatures to this document, at least a majority of the members of the Association’s Architectural Control Committee (the “ACC”) have also approved these Guidelines.
RECITALS: 1. Chapter 202 of the Texas Property Code was amended to add sections relating to rain barrels and rain harvesting systems, solar energy devices, storm and energy efficient shingles, flags, religious items, drought-resistant landscaping and water-conserving natural turf, and standby electric generators.
2. The Board and the ACC previously adopted “Guidelines Relating to Rain Barrels and
religious items, drought-resistant landscaping and water-conserving natural turf, and standby electric generators.
2. The Board and the ACC previously adopted “Guidelines Relating to Rain Barrels and Rain Harvesting Systems, Solar Energy Devices, Storm and Energy Efficient Shingles, Flags, and Religious Items” attached to the “Supplemental Notice of Dedicatory Instruments for Wilchester Owners Committee” recorded in the Official Public Records of Real Property of Harris County, Texas under Clerk’s File No. 20120037752 (the “2012 Guidelines”).
Amended and Restated Guidelines for Wilchester Owners Committee Page 1 of 12 RP-2020-458979 3. The Board and ACC desire to amend and restate the 2012 Guidelines to include DroughtResistant Landscaping and Water-Conserving Natural Turf and Standby Electric Generators consistent with the applicable provisions in Chapter 202 of the Texas Property Code. This document supersedes and replaces the 2012 Guidelines in their entirety.
GUIDELINES: Section 1. Definitions. Capitalized terms used in these Guidelines have the following meanings: 1.1.
1.2.
1.3.
1.4.
1.5.
ACC - The Architectural Control Committee for Wilchester Owners Committee.
Declaration - means the “Declaration of Amended and Restated Restrictions and Covenants Governing Property and Lots in Wilchester, Sections One, Two, Three and Four an Addition in Harris County, Texas” recorded in the Official Public Records of Real Property of Harris County, Texas under Clerk’s File No. 20130037962 and any subsequent amendments and supplements thereof.
Dedicatory Instrument (or dedicatory instrument) - Each document governing the establishment, maintenance or operation of the properties within Wilchester, as more particularly defined in Section 202.001(1) of the Texas Property Code.
ry instrument) - Each document governing the establishment, maintenance or operation of the properties within Wilchester, as more particularly defined in Section 202.001(1) of the Texas Property Code.
Guidelines - These Amended and Restated Guidelines Relating to Rain Barrels and Rain Harvesting Systems, Solar Energy Devices, Storm and Energy Efficient Shingles, Flags, Religious Items, and Drought-Resistant Landscaping and Water-Conserving Natural Turf and Standby Electric Generators for Wilchester Owners Committee.
Subdivision - means the following: e Wilchester, Section One (1), a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 75, Page 43 et seq. of the Map Records of Harris County, Texas and all amendments to or replats of said maps or plats, if any.
e Wilchester, Section Two (2), a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 95, Page 45 et seq. of the Map Records of Harris County, Texas and all amendments to or replats of said maps or plats, if any.
e Wilchester, Section Three (3), a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 126, Page 1 et seq. of the Map Records of Harris County, Texas and all amendments to or replats of said maps or plats, if any.
e Wilchester, Section Four (4), a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 142, Page 13 Amended and Restated Guidelines for Wilchester Owners Committee Page 2 of 12 RP-2020-458979 et seq. of the Map Records of Harris County, Texas and all amendments to or replats of said maps or plats, if any.
Other capitalized terms used in these Guidelines have the same meanings as that ascribed to them in the Declaration.
arris County, Texas and all amendments to or replats of said maps or plats, if any.
Other capitalized terms used in these Guidelines have the same meanings as that ascribed to them in the Declaration.
Section 2. Rain Barrels and Rain Harvesting Systems. Section 202.007 of the Texas Property Code provides that a property owners’ association may not enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing rain barrels or a rain harvesting system on the property owner's Lot. However, Section 202.007 of the Texas Property Code further provides that a property owners’ association is not required to permit a rain barrel or rainwater harvesting system to be installed on a Lot in particular circumstances or restricted from regulating rain barrels and rain harvesting devices in specified manners.
The following guidelines are applicable to rain barrels and rain harvesting systems in the Subdivision: 2.1. ACC Approval. In order to confirm the proposed rain barrel or rain harvesting device is in compliance with these guidelines, Owners are encouraged to apply to the ACC for prior approval. The Association may require an Owner to remove a rain barrel or rain harvesting device that does not comply with requirements of these guidelines.
2.2. Location. A rain barrel or rain harvesting system is not permitted on a Lot between the front of the residential dwelling on the Lot and an adjacent street.
2.3. Color and Display. A rain barrel or rain harvesting system is not permitted: a. unless the color of the rain barrel or rain harvesting system is consistent with the color scheme of the residential dwelling on the Owner’s Lot; or b. if the rain barrel or rain harvesting system displays any language or other content
or rain harvesting system is consistent with the color scheme of the residential dwelling on the Owner’s Lot; or b. if the rain barrel or rain harvesting system displays any language or other content that is not typically displayed by the rain barrel or rain harvesting system as it is manufactured.
2.4. Regulations if Visible. If a rain barrel or rain harvesting system is located on the side of the residential dwelling on the Lot or at any other location on the Lot that is visible from a street, another Lot, or common area, the rain barrel or rain harvesting system must comply with the following regulations: a. Rain Barrel: (i) Size: A maximum height of forty-two (42) inches and a maximum capacity of fifty (60) gallons.
(ii) Type: A rain barrel that has the appearance of an authentic barrel and is either entirely round or has a flat back to fit flush against a Amended and Restated Guidelines for Wilchester Owners Committee Page 3 of 12 RP-2020-458979 wall. A rain barrel must have a manufactured top or cap to prevent or deter the breeding of mosquitoes.
(iii) Materials: Wood, metal, polyethylene or plastic resin designed to look like an authentic barrel in brown or other earthtone color.
(iv) Screening: The rain barrel must be screened with evergreen landscaping to minimize its visibility from a street, another Lot, and common area, unless otherwise approved in writing by the ACC.
(v) Downspout: The downspout which provides water to the rain barrel must be the same color and material as the gutters on the residential dwelling. Further, the downspout must be vertical and attached to the wall against which the rain barrel is located.
b. Rain Harvesting System: A rain harvesting system must collect and store the
tial dwelling. Further, the downspout must be vertical and attached to the wall against which the rain barrel is located.
b. Rain Harvesting System: A rain harvesting system must collect and store the water underground. The portion of a rain harvesting system that is aboveground must appear to be a landscape or water feature. The above-ground portion of the rain harvesting system may not extend above the surface of the ground by more than thirty-six (36) inches. The above-ground portion of the rain harvesting system must be screened with evergreen landscaping to minimize visibility from a street, another Lot, and common area, unless otherwise approved in writing by the ACC.
Provided that, the regulations in this Section 2.4 are applicable only to the extent that they do not prohibit the economic installation of the rain barrel or rain harvesting system on the Lot and there is a reasonably sufficient area on the Lot in which to install the rain barrel or rain harvesting system.
Section 3. Solar Energy Devices. Section 202.010 of the Texas Property Code provides that a property owners’ association may not enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device except as otherwise provided therein. As used in Section 202.010 of the Texas Property Code, “solar energy device” has the meaning assigned by Section 171.107 of the Tax Code, which defines the term as “a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar generated power”. The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating
cal or mechanical power by collecting and transferring solar generated power”. The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.
The following guidelines shall be applicable to solar energy devices in the Subdivision: 3.1. | ACC Approval. The installation of a solar energy device requires the prior written approval of the ACC. Provided that, the ACC may not withhold approval if these Guidelines are met or exceeded, unless the ACC determines in writing that placement of the device as proposed constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. The written approval of the proposed placement of the device by all Owners of property adjoining the Lot in question constitutes prima facie evidence that substantial interference does not exist.
Amended and Restated Guidelines for Wilchester Owners Committee Page 4 of 12 RP-2020-458979 3.2. Location. A solar energy device is not permitted anywhere on a Lot except on the roof of the residential dwelling or other permitted structure on the Lot or in a fenced yard or patio within the Lot.
3.3. Devices Mounted on a Roof. A solar energy device mounted on the roof of the residential dwelling or other permitted structure on a Lot: may not extend higher than or beyond the roofline; b. must conform to the slope of the roof and have a top edge that is parallel to the roofline; c. must have frames, support brackets and/or visible piping or wiring that are silver, bronze or black tone, as commonly available in the marketplace; and
a top edge that is parallel to the roofline; c. must have frames, support brackets and/or visible piping or wiring that are silver, bronze or black tone, as commonly available in the marketplace; and d. must be located on the roof as designated by the ACC unless an alternate location increases the estimated annual energy production of the device by more than ten percent (10%) above the energy production of the device if located in the area designated by the ACC. For determining estimated annual energy production, a publicly available modeling tool provided by the National Renewable Energy Laboratory will be used. Unless otherwise allowed by law, a solar energy device shall not be mounted on the slope of any roof that faces the front of the Lot. When possible, solar energy devices must be installed on the side roof(s) or back roof(s) of the single-family dwelling on the Lot.
3.4. Visibility. A solar energy device located in a fenced yard or patio may not be taller than or extend above the fence enclosing the yard or patio.
3.5. Warranties. A solar energy device may not be installed on a Lot in a manner that voids material warranties.
3.6. Limitations. A solar energy device is not permitted on a Lot if, as adjudicated by a court, it threatens the public health or safety or violates a law.
Section 4. Storm and Energy Efficient Shingles. Section 202.011 of the Texas Property Code provides that a property owners’ association may not enforce a provision in a dedicatory instrument that prohibits or restricts a property owner who is otherwise authorized to install shingles on the roof of the Owner's property from installing shingles that: a. are designed to: (i) be wind and hail resistant; (ii) provide heating and cooling efficiencies greater than those provided by
gles on the roof of the Owner's property from installing shingles that: a. are designed to: (i) be wind and hail resistant; (ii) provide heating and cooling efficiencies greater than those provided by customary composition shingles; or (iii) provide solar generation capabilities; and b. when installed: (i) resemble the shingles used or otherwise authorized for use on property in the subdivision; Amended and Restated Guidelines for Wilchester Owners Committee Page 5 of 12 RP-2020-458979 (ii) are more durable than and are of equal or superior quality to the shingles described below; and (iii) match the aesthetics of the property surrounding the Owner's property.
4.1. ACC Approval. In order to confirm that the proposed shingles conform to the foregoing guidelines, Owners are encouraged to apply to the ACC for prior approval.
The Association may require an Owner to remove shingles that do not comply with these guidelines.
4.2. Regulations. When installed, storm and energy efficient shingles must resemble, be more durable than, and be of equal or superior quality to the types of shingles otherwise required or authorized for use in the Subdivision. In addition, the storm or energy efficient shingles must match the aesthetics of the Lots surrounding the Lot in question (See also the Association’s current Architectural Control Committee Standards and Guidelines).
Section 5. Flags. Section 202.011 of the Texas Property Code provides that a property owners’ association may not enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting a flag of the United States of America, the flag of the State of Texas, or an official or replica flag of any branch of the United States armed forces, except as
e effect of prohibiting or restricting a flag of the United States of America, the flag of the State of Texas, or an official or replica flag of any branch of the United States armed forces, except as otherwise provided therein.
The following guidelines are applicable to flagpoles and the three (3) types of flags listed in Section 202.011 of the Texas Property Code: 5.1. ACC Approval. A flagpole that does not comply with all setbacks, above-ground flagpole stands and/or footings, and illumination under Section 5.6 must be approved by the ACC. Additionally, in order to confirm a proposed flagpole conforms to the following standards, Owners are encouraged to apply to the ACC for prior approval. The Association may require an Owner to remove flagpoles, flagpole footings, or flags that do not comply with these Guidelines.
5.2. Flag of the United States. The flag of the United States must be displayed in accordance with applicable provisions of 4 U.S.C. Sections 5-10, which address, among other things, the time and occasions for display, the position and manner of display, and respect for the flag.
5.3. Flag of the State of Texas. The flag of the State of Texas must be displayed in accordance with applicable provisions of Chapter 3100 of the Texas Government Code, which address, among other things, the orientation of the flag on a flagpole or flagstaff, the display of the flag with the flag of the United States, and the display of the flag outdoors.
5.4. Flagpoles.
a. Not more than one (1) freestanding flagpole or flagpole attached to the residential dwelling or garage (on a permanent or temporary basis) is permitted on a Lot.
Amended and Restated Guidelines for Wilchester Owners Committee Page 6 of 12 RP-2020-458979 5.9.
tached to the residential dwelling or garage (on a permanent or temporary basis) is permitted on a Lot.
Amended and Restated Guidelines for Wilchester Owners Committee Page 6 of 12 RP-2020-458979 5.9.
A freestanding flagpole may not exceed twenty (20) feet in height, measured from the ground to the highest point of the flagpole.
A flagpole attached to the residential dwelling or garage may not exceed six (6) feet in length.
A flagpole, whether freestanding or attached to the residential dwelling or garage, must be constructed of permanent, long-lasting materials with a finish appropriate to materials used in the construction of the flagpole and harmonious with the residential dwelling on the Lot on which it is located.
A flagpole may not be located in an easement or encroach into an easement.
A freestanding flagpole may not be located nearer to a property line of the Lot than the applicable setbacks as either shown on the recorded plat or as set forth in the Declaration. Provided, with the prior written approval of the ACC, a freestanding flagpole may be located up to five feet (5’) in front of the front building setback line for a Lot. Above-ground stands and/or footings also require ACC approval in accordance with Section 5.1.
A flagpole must be maintained in good condition; a deteriorated or structurally unsafe flagpole must be repaired, replaced or removed.
An Owner is prohibited from locating a flagpole on property owned or maintained by the Association.
A freestanding flagpole must be installed in accordance with the manufacturer’s guidelines and specifications.
If the footing and/or stand for a freestanding flagpole extends above the surface of the ground, the ACC may require the installation of landscaping to screen the stand and/or footing from view.
ions.
If the footing and/or stand for a freestanding flagpole extends above the surface of the ground, the ACC may require the installation of landscaping to screen the stand and/or footing from view.
Only the three (3) types of flags addressed in this Section may be displayed on a freestanding flagpole. Other types of flags may be displayed on a wallmounted flagpole as otherwise provided in architectural guidelines adopted by the Association or as otherwise permitted by the Association.
Not more than two (2) of the permitted types of flags may be displayed ona flagpole at any given time.
The maximum dimensions of a displayed flag on a freestanding flagpole that is less than fifteen (15) feet in height or ona flagpole attached to the residential dwelling or garage is three (3) feet by five (5) feet.
The maximum dimensions of a displayed flag on a freestanding flagpole that is fifteen (15) feet in height or greater is four (4) feet by six (6) feet.
A displayed flag must be maintained in good condition; a deteriorated flag must be replaced or removed.
Amended and Restated Guidelines for Wilchester Owners Committee Page 7 of 12 RP-2020-458979 5.6.
5.7.
f. A flag must be displayed on a flagpole. A flag may not be attached to the wall of the residential dwelling or other structure on a Lot or a fence, or be displayed in a window of the residential dwelling or other structure on a Lot.
Iumination. Illumination of a flag is permitted but the lighting must be in-ground and have a maximum of one hundred fifty (150) watts, unless otherwise approved in writing by the ACC. High intensity lighting such as mercury vapor, high pressure sodium, or metal halide is no permitted. The lighting is required to be: (a) compatible
s, unless otherwise approved in writing by the ACC. High intensity lighting such as mercury vapor, high pressure sodium, or metal halide is no permitted. The lighting is required to be: (a) compatible with exterior lighting within the subdivision; and/or, (b) in the sole and absolute discretion of the ACC, appropriate for a residential neighborhood. Lighting used to illuminate a flag shall be positioned in a manner so that the lighting: (a) is not directed toward an adjacent Lot or a street adjacent to the Lot; and/or, (b) in the sole and absolute discretion of the ACC, doe not otherwise unreasonably affect an adjacent Lot.
Noise. An external halyard on a flagpole is required to be securely affixed to the flagpole so that it is not moved by the wind and thereby permitted to clang against the flagpole.
Section 6. Religious Items. Section 202.018 of the Texas Property Code provides that a property owners’ association may not enforce or adopt a restrictive covenant that prohibits a property owner or resident from displaying or affixing on the entry to the owner's or resident's residential dwelling one or more religious items, the display of which is motivated by the owner’s or resident's sincere religious belief, except as otherwise provided therein. Section 202.001(4) of the Texas Property Code defines “restrictive covenant” to mean any covenant, condition, or restriction contained in a dedicatory instrument.
The following guidelines are applicable to the display of religious items in the Subdivision: 6.1.
6.2.
6.3.
6.4.
6.5.
ACC Approval. As authorized by the Declaration and, therefore, allowed by Section 202.018(c) of the Texas Property Code, any alteration to the entry door or door frame must first be approved by the ACC.
C Approval. As authorized by the Declaration and, therefore, allowed by Section 202.018(c) of the Texas Property Code, any alteration to the entry door or door frame must first be approved by the ACC.
Location. Except as otherwise provided in this Section, a religious item is not permitted anywhere on a Lot except on the entry door or door frame of the residential dwelling. A religious item may not extend past the outer edge of the door frame.
Size. The religious item(s), individually or in combination with each other religious item displayed or affixed on the entry door or door frame, may not have a total size of greater than twenty-five (25) square inches.
Content. A religious item may not contain language, graphics, or any display that is patently offensive to persons of ordinary sensibilities.
Limitation. A religious item may not be displayed or affixed on an entry door or door frame if it threatens the public health or safety or violates a law.
Amended and Restated Guidelines for Wilchester Owners Committee Page 8 of 12 RP-2020-458979 6.6. Color of Entry Door and Door Frame. An Owner or resident is not permitted to use a color for an entry door or door frame of the Owner's or resident's residential dwelling or change the color of an entry door or door frame that is not authorized by the ACC.
6.7. Other. Notwithstanding the above provisions: (i) the ACC has the authority to allow a religious statue, such as by way of example and not in limitation, a statue of St.
Francis of Assisi or other religious item in a landscape bed or other portion of a Lot, and (ii) these Guidelines do not prohibit or apply to temporary seasonal decorations related to religious holidays as otherwise permitted in the Subdivision.
a landscape bed or other portion of a Lot, and (ii) these Guidelines do not prohibit or apply to temporary seasonal decorations related to religious holidays as otherwise permitted in the Subdivision.
Section 7. Xeriscape Landscaping. Section 202.007 of the Texas Property Code provides that a property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from using drought-resistant landscaping or water-conserving natural turf except as otherwise provided therein.
The following guidelines are applicable to drought-resistant landscaping or waterconserving natural turf on Lots in the Subdivision: 7.1. ACC Approval. The installation of drought-resistant landscaping and waterconserving natural turf requires the prior written approval of the ACC.
7.2. Criteria. A proposed installation of drought-resistant landscaping and waterconserving natural turf will be reviewed by the ACC to ensure, to the extent practicable, maximum aesthetic compatibility with other landscaping in the Subdivision.
Section 8. Standby Electric Generators. Section 202.019 of the Texas Property Code provides that a property owners’ association may not adopt or enforce a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting an owner from owning, operating, installing or maintaining a permanently installed standby electric generator except as otherwise provided therein.
The following guidelines are applicable to standby electric generators on Lots in the Subdivision: 8.1. Definition of Standby Electric Generator. A device that converts mechanical energy to electrical energy and is: a. powered by natural gas, liquefied petroleum gas, diesel fuel, biodiesel fuel, or hydrogen;
ition of Standby Electric Generator. A device that converts mechanical energy to electrical energy and is: a. powered by natural gas, liquefied petroleum gas, diesel fuel, biodiesel fuel, or hydrogen; b. fully enclosed in an integral manufacturer-supplied sound attenuating enclosure; c. connected to the main electrical panel of the residential dwelling by a manual or automatic transfer switch; and d. rated for generating capacity of not less than seven (7) kilowatts.
Amended and Restated Guidelines for Wilchester Owners Committee Page 9 of 12 RP-2020-458979 8.2.
8.3.
ACC Approval. The Declaration requires an Owner to submit an application for a proposed exterior improvement on the Owner's Lot and obtain the written approval of the application from the ACC prior to installation or construction. Accordingly, a Standby Electric Generator may not be installed on a Lot unless an application therefor is first submitted to and approved in writing by the ACC as to compliance with the provisions of this Section. The submission of plans must include a completed application for ACC review, a site plan showing the proposed location of the Standby Electric Generator, the type of screening to be used (if required as provided in Section 8.4., below), and a copy of the manufacturer’s brochures. The ACC may not withhold approval of a Standby Electric Generator if the proposed installation meets or exceeds the provisions set forth in Section 8.3., below, and, if visible as provided in Section 8.4., below, the Standby Electric Generator is screened in the manner required by the ACC.
Requirements. The installation and operation of a permanent Standby Electric Generator on a Lot is permitted, subject to the prior written approval of the ACC and compliance with the following requirements:
ements. The installation and operation of a permanent Standby Electric Generator on a Lot is permitted, subject to the prior written approval of the ACC and compliance with the following requirements: a. a Standby Electric Generator must be installed and maintained in compliance with the manufacturer's specifications and applicable governmental health, safety, electrical, and building codes; b. all electrical, plumbing, and fuel line connections for a Standby Electric Generator must be installed by a licensed contractor; C. all electrical connections for a Standby Electric Generator must be installed in accordance with applicable governmental health, safety, electrical, and building codes; d. all natural gas, diesel fuel, biodiesel fuel, or hydrogen fuel line connections for a Standby Electric Generator must be installed in accordance with applicable governmental health, safety, electrical, and building codes; e. all liquefied petroleum gas fuel line connections for a Standby Electric Generator must be installed in accordance with rules and standards promulgated and adopted by the Railroad Commission of Texas and other applicable governmental health, safety, electrical, and building codes; f. a nonintegral Standby Electric Generator fuel tank must be installed and maintained to comply with applicable municipal zoning ordinances and governmental health, safety, electrical, and building codes; g. a Standby Electric Generator and all electrical lines and fuel lines relating to the Standby Electric Generator must be maintained in good condition; h. a deteriorated or unsafe component of a Standby Electric Generator, including electrical or fuel lines, must be repaired, replaced, or removed; i. periodic testing of a Standby Electric Generator shall be in accordance with
e component of a Standby Electric Generator, including electrical or fuel lines, must be repaired, replaced, or removed; i. periodic testing of a Standby Electric Generator shall be in accordance with the manufacturer’s recommendations, and shall occur not more than once a week, excluding Sundays, between the hours of 10:00 a.m. and 4:00 p.m.; and j. Standby Electric Generators must be located: Amended and Restated Guidelines for Wilchester Owners Committee Page 10 of 12 RP-2020-458979 (i) at the side or rear plane of the residential dwelling; (ii) outside (not within) any easement applicable to the Lot; (iii) outside (not within) the side setback lines applicable to the Lot.
However, in the event the preferred location either (i) increases the cost of installing the Standby Electric Generator by more than ten percent (10%) or (ii) increases the cost of installing and connecting the electrical and fuel lines for the Standby Electric Generator by more than twenty percent (20%), the Standby Electric Generator may be located on the Lot in a position that complies as closely as possible with the preferred location without violating either (i) or (ii) herein.
8.4. Screening. If a Standby Electric Generator is: a. visible from the street in front of the residential dwelling on the Lot on which it is located, b. located in an unfenced side or rear yard of the Lot and is visible either from an adjoining Lot or from adjoining property owned by the Association, or c. located ina side or rear yard of the Lot that is fenced by a wrought iron fence or residential aluminum fence and is visible through the fence either from an adjoining Lot or from adjoining property owned by the Association, the Owner will be required to screen the Standby Electric Generator by evergreen
ence and is visible through the fence either from an adjoining Lot or from adjoining property owned by the Association, the Owner will be required to screen the Standby Electric Generator by evergreen landscaping or in another reasonable manner, as determined by the ACC.
8.5. | Non-Payment for Utility Service. A Standby Electric Generator may not be used to generate all or substantially all of the electrical power to a residential dwelling, except when utility-generated electrical power to the residential dwelling is not available or is intermittent due to causes other than non-payment for utility service to the residential dwelling.
8.6. Property Owned by the Association. No Owner may install or place a Standby Electric Generator on property owned or maintained by the Association.
8.7. Non-Compliance. The installation of a Standby Electric Generator that is not in compliance with the provisions of this Standby Electric Generator Policy will be considered a violation of the Dedicatory Instruments governing the Subdivision.
In the event of a conflict between a provision in the Declaration and a provision in these Guidelines that is based upon applicable law, the provision in these Guidelines controls.
I hereby certify that Iam the duly elected, qualified and acting President of the Association and that the foregoing Amended and Restated Guidelines Relating to Rain Barrels and Rain Harvesting Systems, Solar Energy Devices, Storm and Energy Efficient Shingles, Flags, Religious Items, Drought-Resistant Landscaping and Water-Conserving Natural Turf, and Standby Electric Generators were approved by a majority vote of the Board and ACC as set forth above and now Amended and Restated Guidelines for Wilchester Owners Committee Page 11 of 12 RP-2020-458979
tandby Electric Generators were approved by a majority vote of the Board and ACC as set forth above and now Amended and Restated Guidelines for Wilchester Owners Committee Page 11 of 12 RP-2020-458979 Harvesting Systems, Solar Energy Devices, Storm and Energy Efficient Shingles, Flags, Religious Items, Drought-Resistant Landscaping and Water-Conserving Natural Turf, and Standby Electric Generators were approved by a majority vote of the Board and ACC as set forth above and now appears in the books and records of the Association, to be effective upon recording in the Official Public Records of Real Property of Harris County, Texas.
WILCHESTER OWNERS COMMITTEE By: SJemaen, Wook Print Name: LVN eye Oc Its: President THE STATE OF TEXAS § § COUNTY OF HARRIS § Committee, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same for the purpose and in the capacity therein SUSAN B KRYGER Notary ID #124018437 My Commission Expires October 31, 2021 See OOS Notary Public in and for the State of Texas expressed.
APPROVAL OF ASSOCIATION’S ARCHITECTURAL CONTROL COMMITTEE: [31 [2000 Date As awtember of the ACC Date Amended and Restated Guidelines for Wilchester Owners Committee Page 12 of 12 RP-2020-458979 RP-2020-458979 # Pages 17 09/29/2020 07:36 AM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY CHRIS HOLLINS COUNTY CLERK Fees $78.00 RECORDERS MEMORANDUM ; This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded.
LERK Fees $78.00 RECORDERS MEMORANDUM ; This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded.
Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law.
THE STATE OF TEXAS COUNTY OF HARRIS ; I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was_duly RECORDED in the Official Public Records of Real Property of Harris County, Texas.
COUNTY CLERK HARRIS COUNTY, TEXAS